# State Highway Commission v. Nunes

> Oregon Supreme Court · March 13, 1963 · 233 Or. 547

URL: https://www.frixlaw.com/law-library/cases/9791815

## Case

- **Full name:** STATE HIGHWAY COMMISSION v. NUNES Et Al
- **Court:** Oregon Supreme Court
- **Decided:** March 13, 1963
- **Citations:** 233 Or. 547; 379 P.2d 579; 1963 Ore. LEXIS 305
- **Precedential status:** Published
- **Opinion:** Dissent by Denecke
- **Judges:** McAllister, Rossman, Perry, Sloan, O'Connell, Goodwin, Denecke
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9791815

## Opinion text

DENECKE, J.,
dissenting.
The majority holds that the capitalization method, properly applied, may be used by an expert appraiser in determining value. The majority opinion further states that an expert can testify how he used this method in determining value. With this I concur. *565 The majority, however, remanded the ease for a new trial on the ground that the capitalization method was here improperly applied. To this I dissent, for the reason that the Commission’s objection was not that the capitalization method was being improperly applied, but that the capitalization method could not be used under any circumstances in determining value.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9791815. Public record. Not legal advice.