STATE EX REL. DEPT. OF TRANSP. v. Stallcup

In this condemnation action, the state appeals, assigning error to (1) the trial court’s denial of the state’s motion to set aside the judgment pursuant to ORCP 71 B or C; and (2) the trial court’s consequent award of attorney fees to the defendant landowner pursuant to ORS 35.346(7). Defendant conditionally cross-appeals, asserting that the trial court erred in striking certain matters from his pleadings and in excluding certain evidence. As described below, we conclude that certain reports generated by defendant’s appraiser constituted “appraisals” within the meaning of ORS 35.346(5)(b) and…