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STATE HIGHWAY COMMISSION v. STUPEK

472 P.2d 835 (1970)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, Composed of Glenn L. Jackson, Kenneth N. Fridley and David B. Simpson, Appellant, v. Ray STUPEK, Andrew Cook and Gordon Dobbin, Co-Partners; Charles M. Dornburg and May E. Dornburg, Husband and Wife, Respondents.

Court of Appeals of Oregon, Department 1.

Decided July 23, 1970.

Rehearing Denied September 8, 1970.

Attorney(s) appearing for the Case

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

George W. Mead, Portland, argued the cause for respondents. With him on the brief was N. Robert Stoll, Portland.

Before SCHWAB, C.J., and FORT 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 widening, improvement and maintenance of the Wauna-Westport section of the Columbia River Highway. This taking was in connection with the plan of improvement which included closure and relocation of a portion of Wauna Road and the construction of a new Wauna interchange, described in State Highway Comm. v. Hazapis, Or. App.,

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