Opinion
9004-02041; CA A69265
Argued and submitted March 17, 1993
Affirmed April 21, 1993
Appeal from Circuit Court, Multnomah County.
Anthony L. Casciato, Judge pro tempore.
G. Kenneth Shiroishi, Portland, argued the cause for appellants. With him on the briefs were George W. Mead, Jr. and Dunn, Carney, Allen, Higgins Tongue, Portland.
Jas. Adams, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Deits, Presiding Judge, and Riggs and Durham, Judges.
PER CURIAM
Affirmed.
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 P.2d 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.