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STATE EX REL. COX v. HIBBARD

570 P.2d 1190 (1977)

31 Or.App. 269

STATE of Oregon ex rel. William S. Cox, Director, Division of State Lands, Respondent, v. Pete HIBBARD and Burrele Hibbard, Appellants.

Court of Appeals of Oregon.

Decided October 24, 1977.

Attorney(s) appearing for the Case

William B. Murray, Portland, argued the cause and filed the briefs for appellants.

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

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

THORNTON, Judge.

Defendants appeal from a decree enjoining them from removing in excess of 50 cubic yards of material in any calendar year from Forest Creek in Jackson County, Oregon, without obtaining a permit from the Director of the Division of State Lands pursuant to ORS. 541.615(1).1

Plaintiff's complaint for mandatory injunction alleged that defendants "removed the top layer of...

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