On June 20, 2018, in Tri-County Metropolitan Transportation District v. Walnut Hill, LLC, 292 Or App 417 (2018), the Oregon Court of Appeals affirmed the verdict of a Clackamas County jury against TriMet for a taking related to its Portland Milwaukie Light Rail Project.  At the trial court level, the jury returned a just compensation verdict for the property owner that was six times what TriMet originally offered.  TriMet appealed, assigning error to the trial court judge granting certain of the property owner’s motions to exclude evidence regarding neighboring properties.  The Court of Appeals held that such rulings were not in error.  By affirming the general judgment arising from the jury’s verdict, the Court of Appeals also affirmed the supplemental judgment against TriMet for the property owner’s attorney fees and costs.

I was proud to represent the property owner at the trial and appellate levels.  In addition to the rest of my team, I thank Brian Best of my office for his assistance on the appellate briefing.

More analysis will follow after conclusion of the proceedings.