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STATE LAND BOARD v. HEUKER

548 P.2d 1323 (1976)

State of Oregon, by and through the STATE LAND BOARD and the Division of State Lands, Respondent, v. Bernard HEUKER and Sandra Heuker, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided April 19, 1976.

Attorney(s) appearing for the Case

Douglas B. Gordon, Portland, argued the cause for appellants. With him on the briefs were Davies, Briggs, Strayer, Stoel & Boley, Portland.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

FORT, Judge.

Defendants own property along the Columbia River in Multnomah County. The state brought suit to enjoin them from obstructing public access to the strip of land which lies between the high and low water levels of the Columbia River adjacent to their upland property. The original issue was whether the public had rights of access to this strip of submersible land. At trial, however, the parties agreed that the...

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