Berman Corp. v. State ex rel. State Highway Commission

Plaintiff appeals from the trial court’s ruling which sustained defendant’s demurrer to plaintiff’s inverse condemnation complaint on the ground that it failed to state a cause of action. Plaintiff declined to plead further and brings this appeal.

The ultimate question for our determination is whether a businessman-property owner is entitled to compensation under Art I, § 18, Oregon Constitution, for lost profits caused by temporary interference with public access to his place of business as a result of highway construction carried on by the state.

Plaintiff operates a service station near…