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BRUSCO TOWBOAT CO. v. STATE, ETC.

Nos. 412016, 406393 and 412017; CA 6407, CA 5989; SC 25702.

589 P.2d 712 (1978)

284 Or. 627

BRUSCO TOWBOAT CO., Knappton Towboat Co., the Mirene Co., Pacific Inland Navigation Co., Ramona Towboat Co., Inc., Sause Bros. Ocean Towing Co., Inc., Shaver Transportation Co., Shepard Towing Co., Smith Tug and Barge Co., Tidewater Barge Lines, Inc., Western Transportation Co., and Willamette Tug and Barge Co., Appellants, v. THE STATE OF OREGON, Acting by and through Robert W. Straub, Clay Myers and James Redden, Constituting the State Land Board, Respondent. The State of Oregon, Respondent, v. FORT VANCOUVER PLYWOOD CO., a Corporation, Appellant. Port of Astoria, Port of Alsea, Port of Arlington, Port of Bay City, Port of Brookings, Port of Cascade Locks, Port of Coos Bay, Port of Gold Beach, Port of Hood River, Port of Morrow, Port of Newport, Port of Portland, Port of Port Orford, Port of Siuslaw, Port of St. Helens, Port of the Dalles, Port of Tillamook Bay, Port of Toledo, Port of Umatilla, and Port of Umpqua, Appellants, v. THE STATE OF OREGON, Acting by and through Robert W. Straub, Clay Myers and James Redden, Constituting the State Land Board, Respondent.

Supreme Court of Oregon, In Banc.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Alex L. Parks, Portland, argued the cause for petitioners. With him on the brief were Malcolm J. Montague, and White, Sutherland, Parks & Allen, Portland.

Peter S. Herman, Senior Counsel, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and James C. Rhodes, Asst. Atty. Gen., Salem.

HOWELL, Justice.

At issue in these three consolidated cases is the validity of the State Land Board's (hereinafter Board) requirement that, with some exceptions, anyone who maintains a permanent structure on or over state-owned submerged and submersible lands under navigable waters enter into a lease and pay rent. Upon petitions from all parties, we granted review of the decision of the Court of Appeals1...

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