State ex rel. Department of Transportation v. Zink

850 P.2d 1171, 119 Or. App. 498, 1993 Ore. App. LEXIS 612

• Court: Court of Appeals of Oregon
• Decided: April 21, 1993
• Docket: 9004-02041; CA A69265
• Status: Published

Opinion

PER CURIAM

In this condemnation action by the state to acquire property for street improvement purposes, defendant assign error to the trial court’s denial of their motion in limine. They sought to exclude as evidence of value a county rule requiring the dedication of part of the property as a condition of its development. Although this case differs in some particulars from Dept. of Trans. v. Lundberg, 312 Or 568, 825 P2d 641, cert den_US_, 113 S Ct 467, 121 L Ed 2d 374 (1992), we conclude that that case is controlling here and is adverse to defendant’s position.

Affirmed.