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STATE v. FIRST METHODIST CHURCH OF ASHLAND

488 P.2d 835 (1971)

STATE of Oregon, Acting by and through the State Board of Higher Education, Composed of George H. Layman, et al., Appellant, v. The FIRST METHODIST CHURCH OF ASHLAND, Oregon, an Oregon Non-Profit Corporation, and the Wesley Foundation of Southern Oregon College, an Oregon Non-Profit Corporation, Respondents.

Court of Appeals of Oregon, Department 1.

Decided September 21, 1971.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Sidney E. Ainsworth, Ashland, argued the cause and filed the brief for respondents.

Before LANGTRY, P.J., and FOLEY and FORT, JJ.

LANGTRY, Presiding Judge.

Plaintiff condemnor appeals from a judgment based on a jury award of $65,000 in a condemnation case. The property taken was a church youth center building upon land totaling 16,500 square feet adjacent to the Southern Oregon College campus in Ashland. The building was one story, frame construction, covering 1500 square feet.

The main thrust of plaintiff's four assignments of error is the trial court's acceptance of the "substitute...

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