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DEPT. OF TRANSPORTATION v. PILOTHOUSE 60

054401E3; A132529.

185 P.3d 487 (2008)

220 Or. App. 203

STATE of Oregon, by and through its DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. PILOTHOUSE 60, LLC, an Oregon limited liability company, Robert A. Jensen and Shirley Jensen, husband and wife, Defendants-Respondents, and Anne Sarah Davis, trustee of the Anne Sarah Davis Trust Dated July 21, 1995, Bi-Mor Stations Inc., David A. Budreau, dba Dave's BP, Keningston Management, Inc., People's Bank of Commerce and Kimberly McElroy, dba Macs Rock & Rod Diner, Defendants.

Court of Appeals of Oregon.

Decided May 21, 2008.

Attorney(s) appearing for the Case

Denise G. Fjordbeck, Senior Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

John M. Junkin, Portland, argued the cause for respondents. With him on the brief were Lisa E. Lear, Bullivant Houser Bailey PC, Stephen R. Frank, and Williams, Kastner & Gibbs PLLC.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

In 2004, the Oregon Transportation Commission determined that it needed to widen a section of Barnett Road in Medford by about 20 feet as part of a larger highway construction project. To effect the widening, plaintiff, the Oregon Department of Transportation, needed to acquire a strip of land running across several parcels adjacent to Barnett Road. The issues in this case revolve around two of those parcels. One parcel is owned by defendant Pilothouse...

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