Wilkins v. Lane County

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.

The trial court allowed the county’s motions to dismiss plaintiffs’ causes of action alleging a taking without compensation and a violation of due…