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STATE v. ALDERWOODS (OREGON), INC.

(CC C085449CV; CA A146317; SC S062766).

366 P.3d 316 (2015)

358 Or. 501

STATE of Oregon, acting by and through its DEPARTMENT OF TRANSPORTATION, Respondent on Review, v. ALDERWOODS (OREGON), INC., an Oregon corporation, successor by merger with Young's Funeral Home, Inc., an Oregon corporation, Petitioner on Review, and Bank of America, N.A., a national association, as administrative agent, Defendant.

Supreme Court of Oregon, En Banc.

Decided December 31, 2015.

Attorney(s) appearing for the Case

Charles F. Hudson, Lane Powell PC, Portland, argued the cause and filed the brief for petitioner on review. With him on the brief was Thomas W. Sondag.

Denise G. Fjordbeck, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Jordan R. Silk, Schwabe, Williamson & Wyatt, P.S., Portland, filed the brief for amici curiae Central Oregon Builders Association, Oregonians In Action, and Owners' Counsel of America.

Brian T. Hodges, Pacific Legal Foundation, Bellevue, Washington, filed the brief for amici curiae Pacific Legal Foundation and National Federation of Independent Business Small Business Legal Center.

Denis M. Vannier, Deputy City Attorney, Portland, filed the brief for amicus curiae League of Oregon Cities.

As part of a highway improvement project, plaintiff, Oregon Department of Transportation (ODOT or the state), brought this condemnation action against defendant, Alderwoods (Oregon), Inc., seeking to acquire "[a]ll abutter's rights of access, if any," between defendant's property and Highway 99W. The improvement project involved rebuilding...

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