Legal Opinion

Suess Builders Co. v. City of Beaverton

Court of Appeals of Oregon

Decided January 29, 1986No. 40-569; CA A32936PublishedCited by 1 opinion

1Opinion of the CourtWarren, J.

Plaintiffs appeal an adverse judgment on their inverse condemnation and 42 USC § 1983 (1982) claims. The claim for inverse condemnation seeks just compensation for property that allegedly has been taken in fact for public use and is based on the Oregon Constitution, Article I, section 18, and the Fifth Amendment, made applicable to the states through the Fourteenth Amendment. The claim under 42 USC § 1983 (1982) incorporates the factual allegations of the inverse condemnation claim and seeks damages for deprivation of property rights protected by the federal constitution. Plaintiffs’ taking…

2Cases cited8 opinions

  1. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  2. Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
  3. Suess Builders Co. v. City of BeavertonOregon Supreme Court · 1982
  4. Baker v. City of MilwaukieOregon Supreme Court · 1975
  5. Green v. HaywardOregon Supreme Court · 1976

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3Cited by1 opinion

  1. State Ex Rel. Schrunk v. MetzCourt of Appeals of Oregon · 1993

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