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THOMAS CREEK LUMBER v. DEP'T OF FORESTRY

A167397.

537 P.3d 615 (2023)

328 Or. App. 309

THOMAS CREEK LUMBER AND LOG CO., an Oregon corporation, Plaintiff-Appellant, v. State of Oregon, OREGON DEPARTMENT OF FORESTRY, Defendant-Respondent.

Court of Appeals of Oregon.

September 27, 2023.

Attorney(s) appearing for the Case

Michael T. Stone, Hillsboro, argued the cause for appellant. Also on the opening brief was Brisbee & Stockton LLC. Also on the reply brief was Brisbee & Stockton LLC and Hood Stone Stockton.

Peenesh Shah, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Shorr, Presiding Judge, and Pagán, Judge, and DeVore, Senior Judge.

Plaintiff appeals from a judgment denying its petition for a statutory way of necessity over state-owned land and awarding defendant Oregon Department of Forestry $45,094.30 in attorney fees.1 Plaintiff is the owner of a 160-acre parcel of timber land in Marion County. The parcel is bordered on three sides...

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