Legal Opinion
Lincoln Loan Co. v. State ex rel. State Highway Commission
Court of Appeals of Oregon
Decided June 16, 1975No. 405 715PublishedCited by 2 opinions
1Opinion of the CourtSchwab, C. J.
Plaintiff appeals from an order of the trial court sustaining a demurrer to its complaint seeking damages on the theory of inverse condemnation.① The trial court sustained the demurrer on the ground that the allegations of the complaint as a matter of law did not allege facts constituting a taking.
The facts contained in plaintiff’s complaint are accepted as true for the purposes of ruling on a demurrer, and it is assumed that plaintiff stated his case in the way most favorable to him. Smith v. *691Cooper, 256 Or 485, 475 P2d 78, 45 ALR3d 857 (1970); Baker v. State Bd. of Higher Education, 20 Or…
2Cases cited17 opinions
- Danforth v. United StatesSupreme Court of the United States · 1939
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Thornburg v. Port of PortlandOregon Supreme Court · 1962
- Smith v. CooperOregon Supreme Court · 1970
- Foster v. City of Detroit, MichiganDistrict Court, E.D. Michigan · 1966
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3Cited by2 opinions
- Lincoln Loan Co. v. State, State Highway Com'nOregon Supreme Court · 1976
- Clarke v. Port of PortlandCourt of Appeals of Oregon · 1975