Legal Opinion

Beaverton Urban Renewal Agency v. Koning

Court of Appeals of Oregon

Decided September 8, 1981No. 39-431; CA 18210PublishedCited by 8 opinions

1Opinion of the CourtButtler, P. J.

This appeal arises out of a proceeding ancillary to the principal condemnation action commenced by the plaintiff, and raises the sole question of whether appellant Jeff Bockmier and Associates, Inc., as lessee, is entitled to participate in the condemnation award representing the fair market value of the fee simple title to the property, including the entire leasehold interest therein. The trial court entered an "order and decree” denying the lessee’s right to participate in the award. We reverse and remand for further proceedings.

The generally accepted rule is that if the condemning…

2Cases cited9 opinions

  1. United States v. Petty Motor Co.Supreme Court of the United States · 1946
  2. State Ex Rel. State Highway Commission v. BurkOregon Supreme Court · 1954
  3. Matter of City of New York (Allen St.)New York Court of Appeals · 1931
  4. State Highway Commission v. DemarestOregon Supreme Court · 1972
  5. In Re Improvement of Third Steeet, St. Paul. Buckbee-Mears Co.Supreme Court of Minnesota · 1929

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3Cited by8 opinions

  1. Fibreglas Fabricators, Inc. v. KylbergSupreme Court of Colorado · 1990
  2. City of Vista v. FielderCalifornia Supreme Court · 1996
  3. P.C. Management, Inc. v. Page Two, Inc.Indiana Court of Appeals · 1991
  4. City of Manhattan v. GalbraithCourt of Appeals of Kansas · 1997
  5. Redevelopment Agency of Salt Lake City v. DaskalasCourt of Appeals of Utah · 1989

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