Coos Bay Oyster Cooperative v. State Highway Commission

(Pro Tempore)

This is an appeal by plaintiff from an order of the circuit court for Coos County dismissing plaintiff’s inverse condemnation action against the state of Ore gon. The order of dismissal resulted from plaintiff’s refusal to plead further after the trial court sustained defendant’s demurrer to each of the seven causes of action alleged in plaintiff’s amended complaint.

In 1952 the highway commission prosecuted to judgment 18 condemnation actions to acquire title to those lands in Silver Point No. 1 which were within the right of way boundaries of the new highway. Oysters were then…