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STEWART v. DIVISION OF STATE LANDS

9510026; A136441.

239 P.3d 263 (2010)

237 Or. App. 86

Mel STEWART, Plaintiff-Appellant, v. STATE of Oregon, acting by and through Division of State Lands, Defendant-Respondent, and City of Corvallis, Defendant.

Court of Appeals of Oregon.

Decided September 1, 2010.

Attorney(s) appearing for the Case

John W. Shonkwiler, Tigard, argued the cause for appellant. On the briefs were William F. Hoelscher and Hoelscher & Associates, PC.

Stephanie L. Striffler, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before SCHUMAN, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.

SCHUMAN, P.J.

This case is the most recent chapter in a land use dispute that goes back more than 17 years, dealing with plaintiff's attempt to obtain a permit to build residential units on two acres of land that he owned in Benton County. The trial court, over plaintiff's objection, granted the Department of State Land's (DSL) motion to bifurcate the trial, with the issue of liability for a "taking" tried to the court and, if necessary, the issue of damages tried...

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