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STEVENS v. CITY OF CANNON BEACH

CC 90-2061; CA A68916; SC S39585.

854 P.2d 449 (1993)

317 Or. 131

Irving C. and Jeanette STEVENS, Petitioners on Review, v. CITY OF CANNON BEACH and State of Oregon, Department of Parks & Recreation, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided July 1, 1993.

Attorney(s) appearing for the Case

Garry P. McMurry, of Garry P. McMurry & Associates, Portland, argued the cause and filed the petition for petitioners on review.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for respondent on review, State of Or., Dept. of Parks and Recreation. With him on a response were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem. With Jack L. Landau, Deputy Atty. Gen., on a response were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for respondent on review City of Cannon Beach.

Keith A. Bartholomew, Portland, filed a brief for amici curiae 1000 Friends of Oregon, League of Women Voters of Oregon, and Oregon Shores Conservation Coalition.

VAN HOOMISSEN, Judge.

Plaintiffs appeal a trial court's judgment dismissing their complaint for inverse condemnation for failure to state a claim. ORCP 21 A(8). Plaintiffs own two vacant lots in the dry sand area of the City of Cannon Beach (city).1 They applied to defendants city and Oregon Department of Parks and Recreation (department) for permits to build a seawall as part of the eventual development of the lots for motel or hotel...

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