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STATE BY AND THROUGH DEPT., ETC. v. SOLOMON

No. 2578; CA A21776.

643 P.2d 1312 (1982)

57 Or.App. 72

STATE of Oregon, BY AND THROUGH Its Department of Transportation, Parks and Recreation Division, Respondent, v. Forrest SOLOMON, Appellant.

Court of Appeals of Oregon.

Decided April 26, 1982.

Attorney(s) appearing for the Case

Scott M. Galenbeck, Springfield, argued the cause for appellant. With him on the brief was Wiswall, Svoboda, Thorp & Dennett, P.C., Springfield.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals from a decree requiring him to remove a mobile home from "related adjacent land" near a "scenic waterway." See ORS 390.805. The property on which the mobile home is located is owned by defendant and is adjacent to part of the John Day River which has been designated a scenic waterway pursuant to the Scenic Waterways Act (ORS 390.805 to 390.925). The property is used for commercial farming. The mobile home was installed...

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