STATE EX REL. COX v. WILSON


562 P.2d 172 (1977)

STATE of Oregon ex rel. William S. Cox, Director, Division of State Lands, Respondent, v. Elmer WILSON, Petitioner.

Supreme Court of Oregon, In Banc.

Decided March 31, 1977.


Attorney(s) appearing for the Case

James M. Habberstad, Dick & Dick, The Dalles, argued the cause and filed briefs for petitioner.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before DENECKE, C.J., and HOLMAN, TONGUE, BRYSON, LENT, LINDE and MENGLER, JJ.


DENECKE, Chief Justice.

The State, acting through the Director of the Division of State Lands, brought this suit to enjoin the defendant from filling a portion of Five Mile Creek without first obtaining a permit. The trial court dismissed the Division's complaint. The Court of Appeals reversed and held the defendant must secure a permit before filling the creek. 26 Or.App. 887, 554 P.2d 529 (1976...

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