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STATE HIGHWAY COMMISSION v. FULTZ

491 P.2d 1171 (1971)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, et al., Respondents, v. Lester E. FULTZ and L-E-W Engineering, Inc., an Oregon Corporation, Appellants. In the matter of the Application of L-E-W Engineering, Inc., to State Highway Engineer for Permit to Construct, Complete and Maintain Access Roads and Revetment Upon Land between High Tide and an Elevation of 16 Feet under Chapter 601, Oregon Laws 1967. L-E-W Engineering, Inc., Appellant, v. Forrest Cooper, State Highway Engineer, Respondent and Cross-Appellant, and State of Oregon, by and through Its State Highway Commission, Composed of Glenn L. Jackson and Fred W. Hill, Intervenor-Respondent and Cross-Appellant.

Supreme Court of Oregon, In Bank.

Decided December 22, 1971.

Attorney(s) appearing for the Case

George P. Winslow, Tillamook, argued the cause for appellants. With him on the briefs was C. Ray Johnson, Tillamook.

Frank C. McKinney, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Lee Johnson, Atty. Gen., Jacob B. Tanzer, Sol. Gen., L.I. Lindas, Asst. Atty. Gen., Salem.

HOWELL, Justice.

These two cases, consolidated for trial in the circuit court and on appeal to this court, are consolidated also in this opinion.

The first case — State of Oregon, by and through its State Highway Commission, et al v. Fultz and L-E-W Engineering, Inc., — is a suit for an injunction. Plaintiff seeks to restrain defendants from continuing the construction of a road and revetment on the...

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