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BRIDGEVIEW VINEYARDS v. STATE LAND BD.

A120754.

154 P.3d 734 (2007)

211 Or. App. 251

BRIDGEVIEW VINEYARDS, INC., an Oregon corporation; and Robert E. Kerivan, Petitioners-Respondents Cross-Appellants, v. STATE LAND BOARD OF THE STATE OF OREGON, Division of State Lands of the State of Oregon, Governor John Kitzhaber, Paul Cleary, Steven Purchase, Anne Hanus, Pierre Lumley, Larry Doe, William Cook and Robert Brown, Respondents-Appellants Cross-Respondents.

Court of Appeals of Oregon.

Decided March 14, 2007.

Attorney(s) appearing for the Case

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for appellants-cross-respondents. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Clarence H. Greenwood argued the cause for respondents-cross-appellants. With him on the briefs were Black Helterline LLP and Christopher Cauble and Schultz Salisbury Cauble & Dole.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

BREWER, C.J.

This case involves the interpretation of Oregon's fill and removal law, ORS 196.800 to 196.990. In January 1999, petitioner Bridgeview Vineyards1 asked respondent Division of State Lands (DSL) for emergency authorization to place riprap in Sucker Creek, a nonnavigable stream located in Josephine County that is designated as salmonid habitat. After DSL denied the authorization, petitioner sought judicial review of DSL's order...

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