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MORSE v. OREGON DIVISION OF STATE LANDS

CA 10946; SC 25912.

590 P.2d 709 (1979)

John MORSE, Carmen Bader, Gary Bader, G. Gary Barnhart, Peter Gordon, Emily Ashworth, Marsha Brown, Richard Azmitoky, Betty Lindstrom, al Peavey, Fran Peavey, al Crocker, Raymonde Mattioli, Ron Potts, Sarah Bermen, David Smalley, Don Mosher, Forrest Taylor, Jack Crabtree, George Green, Karl N. Kujac, Lorance Eickworth, Clara Eickworth, Jim Sims, Horace Byler, Margaret Byler, Carol Ach, Bill Hillar, Oregon Shores Conservation Coalition, Bay Area Environmental Committee, Oregon Environmental Council, Southwestern Oregon Chapter of Steelheaders, Barry Oyler, Mark Lindemeyer, Leonard Hall, Holly Hall Kosikowski, Herman Lilienthal, Jean Lilienthal, Jim Fraser, Jack Vera, and Robert Moore, Respondents, v. OREGON DIVISION OF STATE LANDS, William S. Cox, Director of the Division of State Lands, City of North Bend, and Western Bank, et al., Petitioners.

Supreme Court of Oregon, In Banc.

Decided February 13, 1979.

Attorney(s) appearing for the Case

Peter S. Herman, Senior Counsel, Salem, argued the cause for petitioner Division of State Lands. With him on the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and James C. Rhodes, Deputy Atty. Gen., Salem.

Donald J. Morgan, of Wood, Tatum, Mosser, Brooke & Holden, Portland, argued the cause and filed a brief for petitioner City of North Bend.

G. Jefferson Campbell, Jr., of Newhouse, Foss, Whitty & Roess, Coos Bay, argued the cause and filed a brief for petitioner Western Bank.

George T. Gant and Ronald L. Gould, of McNutt, Gant & Ormsbee, Coos Bay, filed a brief for the Port of Coos Bay as amicus curiae.

Bruce H. Anderson, of Coons & Anderson, Eugene, argued the cause and filed a brief for respondents.

HOLMAN, Justice.

The issue in this case is whether the Director of the Division of State Lands had authority to issue an estuarian land fill permit. The Court of Appeals held that the Director lacked authority to issue the permit, 34 Or.App. 853, 581 P.2d 520 (1978). This court granted the Director's petition for review.

Pursuant to Oregon's fill and removal law, ORS 541.605 to 541.665, the City of North Bend filed with the...

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