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THOMAS v. DEPT. OF STATE POLICE

93CV3189; CA A84997.

907 P.2d 262 (1995)

138 Or. App. 209

Robert "Bob" THOMAS, Appellant, v. STATE of Oregon, DEPARTMENT OF STATE POLICE, aka "OSP," a State agency; Gilbert Jerry "G.J." Russell, an OSP official, Respondents.

Court of Appeals of Oregon.

Decided December 13, 1995.

Attorney(s) appearing for the Case

James B. Ehrlich argued the cause, for appellant. With him on the briefs, was Green, Elliott & Ehrlich.

Pamela G. Wood, Assistant Attorney General, argued the cause, for respondents. With her on the brief, were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

DEITS, Presiding Judge.

Plaintiff brought this action pleading a claim for inverse condemnation and a claim under 42 USC § 1983. The defendants are the state, the Oregon State Police and a state police officer. Plaintiff contended that the 1991 enactment and subsequent enforcement of ORS 167.164 constituted an uncompensated taking of plaintiff's property, in violation of Article I, section 18, of the Oregon Constitution and the Fifth Amendment to the United States...

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