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POE v. DEPARTMENT OF TRANSP., ETC.

No. 76-8-116; CA 12165.

600 P.2d 939 (1979)

42 Or.App. 493

Grover H. POE and James W. Jamison, Respondents, v. DEPARTMENT OF TRANSPORTATION, Highway Division and H.S. Coulter, State Highway Engineer, Appellants, v. Safeway Stores, Inc., a Corporation, Respondent.

Court of Appeals of Oregon.

Decided October 1, 1979.

Attorney(s) appearing for the Case

Leslie B. Hampton, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Alonso P. Stiner, Portland, argued the cause and submitted the brief for respondents.

Donald M. McEwen, Portland, waived appearance for respondent, Safeway Stores, Inc., a corporation.

Before LEE, P.J., and GILLETTE and CAMPBELL, JJ.

CAMPBELL, Judge.

Plaintiffs Poe and Jamison brought this suit seeking a declaratory judgment that a certain piece of real property in the City of Gladstone, which once had been a part of the Cascade Highway (also known as Old 82d) before that highway was relocated due to the construction of the I-205 freeway, is a public road over which plaintiffs have the right to travel. Plaintiffs also prayed for an injunction prohibiting defendants from advertising for sale and...

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