|CALENDAR STATUS: Cancelled|
|S. Fred Hall v. State of Oregon|
|Supreme Court Courtroom 1|
|Russell L. Baldwin and W. Michael Gillette on behalf of S. Fred Hall and Viewcrest Investments, LLC|
Stephanie Striffler on behalf of the State of Oregon
Statement of Issues:
|S. Fred Hall v. State of Oregon (S060879) (A146386) (appeal from Linn County Circuit Court; opinion reported at 252 Or App 649, 288 P3d 574 (2012)).|
S. Fred Hall and Viewcrest Investments, LLC, have been granted review of a Court of Appeals decision that reversed and remanded a jury verdict in their favor on their claim for inverse condemnation.
On review, the issues are:
(1) Does a plaintiff satisfy its burden of proof in a "blight takings" claim by
proving that an alleged taking substantially interferes with the plaintiff's property interest?
(2) Does a plaintiff in a takings case under Article I, section 18, of the Oregon Constitution have to prove not only that the government intended to take the property for "public use, " but also that the government intended to take the property for the "public good"?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: