MORSE v. DIVISION OF STATE LANDS


572 P.2d 1075 (1977)

31 Or.App. 1309

John MORSE, Carmen Bader, Gary Bader and Gary G. Barnhart, Petitioners, v. DIVISION OF STATE LANDS of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided December 27, 1977.


Attorney(s) appearing for the Case

Bruce H. Anderson, Eugene, argued the cause for petitioners. With him on the briefs was Coons, Cole & Anderson, Eugene.

Paul R. Romain, Deputy Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Donald J. Morgan, Portland, argued the cause and filed the brief for City of North Bend.

Before SCHWAB, C.J., and TANZER and ROBERTS, JJ.


TANZER, Judge.

This case involves the City of North Bend's proposal to fill 32 acres of the Coos Bay Estuary for the purpose of extending a runway at the North Bend Airport. The City applied to the Division of State Lands for a fill permit pursuant to ORS 541.605 to 541.665. After the Division announced its approval of the application on April 27, 1976, petitioners, as persons adversely affected by the proposed permit, requested a contested case hearing on the matter...

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