Johnson v. STATE, HWY. DIV. OF DEPT. OF TRANSP

556 P.2d 724 (1976)

27 Or.App. 581

Ervin E. JOHNSON and Inez M. Johnson, Appellants,

v.

STATE of Oregon, Acting by and through the Highway Division of the Department of Transportation, Respondent.

Court of Appeals of Oregon.

Submitted on Record and Briefs November 1, 1976.

Decided November 29, 1976.

William F. Frye, Eugene, filed the brief for appellants.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Al J. Laue, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

SCHWAB, Chief Judge.

Plaintiffs appeal from a declaratory judgment that a…