WILKINS v. LANE COUNTY

No. 16-81-07150; CA A25079.

671 P.2d 1178 (1983)

65 Or.App. 494

Homer L. WILKINS and Pamela L. Wilkins, Appellants, v. LANE COUNTY, Respondent.

Court of Appeals of Oregon.

Decided November 9, 1983.

Reconsideration Denied December 23, 1983.


Attorney(s) appearing for the Case

Susan R. Pease, Eugene, argued the cause and filed the brief for appellants.

Teresa J. Wilson, Asst. County Counsel, Eugene, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Plaintiffs filed a complaint against defendant (county) for damages, alleging trespass, nuisance, a taking of plaintiffs' property for public use without compensation and a violation of plaintiffs' right to due process of law. These claims arose out of the county's issuance in 1979 of a facilities use permit to one Parks, not a party to this case, to clear a driveway 12-feet wide on the right-of-way of County Road 386 across plaintiffs' property.<...

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