Legal Opinion

State Ex Rel. Department of Transportation v. Montgomery Ward Development Corp.

Court of Appeals of Oregon

Decided May 21, 1986No. A8001-00003, A8001-00004, A8001-00005; CA A30941PublishedCited by 13 opinions

1Opinion of the CourtWarren, J.

Defendants are owners of real property on which Mall 205, a shopping center in east Multnomah County, is located. The state commenced this eminent domain proceeding to acquire a portion of defendants’ land to construct an access road to Interstate 205 (1-205). The plans for the access road called for relocating S.E. 96th Avenue in a diagonal across defendants’ land, dividing the property in two. The new road severs a triangle of approximately 4.2 acres from the rest of the shopping center.

The state filed three complaints against various defendants involving different portions of the property.…

2Cases cited15 opinions

  1. United States v. MillerSupreme Court of the United States · 1943
  2. United States v. ReynoldsSupreme Court of the United States · 1970
  3. State Highway Commission v. BaileyOregon Supreme Court · 1957
  4. Department of Transportation v. New Century Engineering & Development Corp.Illinois Supreme Court · 1983
  5. State Highway Commission v. StumboOregon Supreme Court · 1960

10 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Ocean Road Partners v. StateSupreme Court of Rhode Island · 1996
  2. State Ex Rel. Department of Transportation v. El Dorado PropertiesCourt of Appeals of Oregon · 1998
  3. State v. FullertonCourt of Appeals of Oregon · 2001
  4. State v. SchoppertCourt of Appeals of Oregon · 1986
  5. Ester v. City of MonmouthOregon Tax Court · 1994

8 more not listed; retrieve them via the Exa API.

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