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STATE HIGHWAY COMMISSION v. HAZAPIS

472 P.2d 831 (1970)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, Composed of Glenn L. Jackson, Kenneth N. Fridley and David E. Simpson, Appellant, v. Nick A. HAZAPIS and Mary N. Hazapis, Husband and Wife, Respondents.

Court of Appeals of Oregon, Department 1.

Decided July 23, 1970.

Attorney(s) appearing for the Case

Leslie B. Hampton, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Glen V. Sorensen, Asst. Atty. Gen., G.E. Rohde, Asst. Atty. Gen., and Chief Counsel for the Oregon State Highway Commission, and Lee Johnson, Atty. Gen., Salem.

Lawrence M. Dean, Astoria, argued the cause for respondents. With him on the brief were Macdonald, Dean & McCallister and Harold A. Snow, Astoria.

Before SCHWAB, C.J., and FOLEY and BRANCHFIELD, JJ.

BRANCHFIELD, Judge.

This is an action brought by the state of Oregon by its Highway Commission to condemn certain land required for construction of the Wauna interchange on the Columbia River Highway.

Defendants owned 2.2 acres of land, of which the plaintiff took 6/10 of an acre. Located on the portion not taken is a two-story building with an apartment on the upper level and a tavern-restaurant on the lower level. The property was at the intersection of...

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