SMITH TUG & BARGE CO. v. COLUMBIA-PACIFIC TOWING


443 P.2d 205 (1968)

SMITH TUG & BARGE CO., a Corporation; Shepard Towing Co., a Corporation; and Shaver Transportation Co., a Corporation, Respondents, v. COLUMBIA-PACIFIC TOWING Corporation, a Corporation, Appellant, Mark O. Hatfield, Thomas L. McCall and Robert W. Straub, As Members of the State Land Board of the State of Oregon, Defendants.

Supreme Court of Oregon, In Banc.

Decided June 14, 1968.


Attorney(s) appearing for the Case

Fredric R. Merrill and Dennis J. Lindsay, Portland, argued the cause for appellant. With them on the briefs were Krause, Lindsay & Nahstoll, Portland.

Paul J. Jolma, Clatskanie, and John F. McCarthy, Longview, Wash., argued the cause and filed a brief for respondents.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, DENECKE, HOLMAN and LUSK, JJ.


DENECKE, Justice.

The perplexing issue in this case is who has the right to moor logs and build facilities therefor in the Columbia River below the low-water mark.

The defendant, Columbia-Pacific Towing Corporation, purchased what is known as Sharkey or Sandy Island, which lies in the Columbia off Goble, on the Oregon side of the river. Its title goes to the island's high-water mark. The water around the island is...

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