State v. Schoppert

In this condemnation action, the state appeals from an order granting defendants’ motion to set aside the judgment and for a new trial. ORCP 64B. The court granted the motion on the ground that it had committed two errors during trial. Those errors were, first, allowing the state to amend its second amended complaint to allege a lower value as just compensation for the property taken than it had alleged in the original complaint and, second, giving one of the state’s requested instructions dealing with access to defendants’ land. We hold that those rulings were not erroneous and reverse.

The…