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MOE v. DIVISION OF STATE LANDS

569 P.2d 675 (1977)

31 Or.App. 3

Ella MOE, Forrest Moe, Barbara O'Neill, and Lucile A. Wyers, Petitioners, v. DIVISION OF STATE LANDS and the Port of Hood River, a Municipal Corporation of the State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided October 4, 1977.

Attorney(s) appearing for the Case

Charles F. Wilkinson, Eugene, argued the cause for petitioners. On the briefs was Teunis J. Wyers, Jr., Hood River.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent Division of State Lands. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Alan J. Bell, Hood River, argued the cause for respondent Port of Hood River. With him on the brief were Kenneth M. Abraham and Parker, Abraham & Bell, Hood River.

Before SCHWAB, C.J., THORNTON, J., and FORT, Senior Judge.

SCHWAB, Chief Judge.

This case involves review of an order of the Director of the Division of State Lands following a contested case hearing held at the request of the Port of Hood River under the provisions of ORS 541.625(4)1 to consider the earlier denial of a fill permit application submitted by the Port. Petitioners seek a reversal of the order granting the permit on the ground that as a matter of

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