Lucas v. State ex rel. Department of Transportation

Plaintiffs own property in Rainier, lots 7 and 8,1 that fronts on B Street, which is also U.S. Highway 30. They seek a declaration that they have rights of access from that property to B Street and that defendant Oregon Department of Transportation (ODOT) could not place a sidewalk in front of the property without giving notice, conducting a hearing, and making findings. The trial court granted defendant’s motion for summary judgment on the ground that plaintiffs failed to pursue their administrative remedies and the court, therefore, was without jurisdiction over the case. We affirm.

We state…