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OPPERMAN v. DIVISION OF STATE LANDS

530 P.2d 526 (1975)

O.F. OPPERMAN, Petitioner, v. The DIVISION OF STATE LANDS of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided January 14, 1975.

Attorney(s) appearing for the Case

Nickolas C. Nylander, North Bend, argued the cause for petitioner. With him on the briefs were Flaxel, Todd & Flaxel, North Bend.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

Petitioner applied for the renewal of a removal permit which involved a removal and fill alteration of Joe Ney Slough, a tributary of the South Slough of Coos Bay. After the hearing the application was denied. The order of the Director of the Division of State Lands denying the application provided, in addition to the denial, for the following affirmative action by the petitioner:

"* * * "3. O.F. Opperman is hereby ordered to remove...

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