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SAXON v. DIVISION OF STATE LANDS

570 P.2d 1197 (1977)

31 Or.App. 511

Donald V. SAXON, Petitioner, v. The DIVISION OF STATE LANDS of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided November 7, 1977.

Attorney(s) appearing for the Case

David A. Vinson, Eugene, argued the cause for petitioner. With him on the brief was Malagon, Starr & Vinson, Eugene.

Carol J. Molchior, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and Kevin L. Mannix, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

Petitioner appeals a decision of the Director of the Division of State Lands (Division) denying him a permit, after a hearing, to fill approximately 32 acres of salt marshland of the Siuslaw River Estuary in Lane County. Petitioner makes three assignments of error. First, the denial was not based upon identifiable standards; secondly, the decision was not based upon substantial evidence; and finally, the denial constitutes a condemnation of the...

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