BOESE v. CITY OF SALEM

No. 95739; CA 9842.

595 P.2d 822 (1979)

40 Or.App. 381

Dale BOESE and Eleanor Boese, Husband and Wife, Respondents-Cross-Appellants, v. CITY OF SALEM, a Municipal Corporation of the State of Oregon, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided May 21, 1979.


Attorney(s) appearing for the Case

David J. DeMartino, Asst. City Atty., Salem, argued the cause for appellant-cross-respondent. With him on the brief was William J. Juza, City Atty., Salem.

Douglas Ward, Salem, argued the cause for respondents-cross-appellants. With him on the brief was Gatti, Ward & Gatti, Salem.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.


GILLETTE, Judge.

The City of Salem appeals a verdict and judgment of $15,000 in an inverse condemnation action arising out of the closure of plaintiffs' access to a city street by means of a private driveway from their abutting land. We reverse.

Plaintiffs own triplex and duplex rental units which are located and front on Plaza Del Rey Street in northeast Salem, near the intersection with Broadway Street. In the rear of the units there are five garages which...

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