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STATE v. BAUMAN

517 P.2d 1202 (1974)

STATE of Oregon, by and through Its State Highway Commission, Composed of Glenn L. Jackson, et al., Appellant, v. W.C. BAUMAN et al., Respondents.

Court of Appeals of Oregon.

Decided January 21, 1974.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. On the brief were Lee Johnson, Atty. Gen., and John W. Osburn, former Sol. Gen., Salem.

James H. Clarke, Portland, argued the cause for respondents W.C. Bauman, Robert G. Bauman, W.C. Bauman Co., Inc., and Howard S. Wright Construction Co. With him on the brief were Dezendorf, Spears, Lubersky & Campbell, and George L. Kirklin, Portland, and Vawter Parker, Hood River.

C.E. Wheelock, Portland, argued the cause and filed the brief for respondent Franklin Serv. Corp.

No appearance by respondent Paula Munson Penney.

Before LANGTRY, P.J., and FORT and TANZER, JJ.

LANGTRY, Presiding Judge.

Plaintiff appeals from a decision in favor of defendants in this declaratory judgment suit in which the plaintiff seeks to establish alleged public recreational rights in a privately owned sand dune area eastward of the ocean beach and above the vegetation line in the City of Cannon Beach, Clatsop County. The complaint also seeks an injunction against the defendants' proceeding with the development of a proposed condominium project on the...

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