CHIZEK v. PORT OF NEWPORT


450 P.2d 749 (1969)

Leo A. CHIZEK et Ux., Appellants, v. PORT OF NEWPORT, Respondent.

Supreme Court of Oregon, In Banc.

Decided February 19, 1969.


Attorney(s) appearing for the Case

William B. Wyllie, Salem, argued the cause for appellants. With him on the briefs were Rhoten, Rhoten & Speerstra, Salem.

Howard M. Feuerstein, Portland, argued the cause for respondent. With him on the brief were Davies, Biggs, Strayer, Stoel & Boley, Portland, and Adams & DeSelms and Herbert R. DeSelms, Lincoln City.

Before PERRY, C.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and MENGLER, JJ.


DENECKE, Justice.

Plaintiffs appeal from a decree which quieted defendant's claim of title to a lot located in the tidelands of Yaquina Bay.

The case has some difficult problems involving the law applicable to tidelands and real property generally which we finally have determined need not be answered in deciding this appeal.

The defendant Port claims title through a conveyance from the county. Subsequently one Sargeant delivered a conveyance of the...

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