Legal Opinion
State Ex Rel. Department of Transportation v. Hewett Professional Group
Oregon Supreme Court
Decided May 18, 1995No. CC 9108-05286; CA A77301; SC S41575PublishedCited by 19 opinions
1Opinion of the CourtGraber, J.
In this condemnation action, defendant appealed from the judgment of the circuit court. Defendant argued that it was improperly precluded from pursuing at trial its affirmative defenses and counterclaims that addressed issues of valuation. The Court of Appeals affirmed, concluding that any error was harmless. Dept. of Transportation v. Hewett Professional Group, 128 Or App 480, 483, 876 P2d 844 (1994). We affirm the decision of the Court of Appeals, but on different grounds.
PROCEDURAL BACKGROUND
The Oregon Department of Transportation (ODOT) initiated a proceeding in the circuit court to…
2Cases cited14 opinions
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
- Wiggins v. Barrett & Associates, Inc.Oregon Supreme Court · 1983
- Suess Builders Co. v. City of BeavertonOregon Supreme Court · 1982
- Tomasek v. Oregon State Highway CommissionOregon Supreme Court · 1952
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Oregon Public Employees' Retirement Board v. Simat, Helliesen & EichnerCourt of Appeals of Oregon · 2004
- Clay County Realty Co. v. City of GladstoneSupreme Court of Missouri · 2008
- City of Keizer v. Lake Labish Water Control DistrictCourt of Appeals of Oregon · 2002
- Vokoun v. City of Lake OswegoCourt of Appeals of Oregon · 2000
- City of Mosier v. Hood River Sand, Gravel & Ready-Mix, Inc.Court of Appeals of Oregon · 2006
14 more not listed; retrieve them via the Exa API.