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MORSE v. OREGON DIVISION OF STATE LANDS

CA 10946.

581 P.2d 520 (1978)

John MORSE, Carmen Bader, Gary Bader, G. Gary Barnhart, Peter Gordon, Emily Ashworth, Marsha Brown, Richard Azmitoky, Betty Lindstrom, al Peavey, Fran Peavey, al Crocker, Raymonde Mattioli, Ron Potts, Sarah Bermen, David Smalley, Don Mosher, Forrest Taylor, Jack Crabtree, George Green, Karl N. Kujac, Lorance Eickworth, Clara Eickworth, Jim Sims, Horace Byler, Margaret Byler, Carol Ach, Bill Hillar, Oregon Shores Conservation Coalition, Bay Area Environmental Committee, Oregon Environmental Council, Southwestern Oregon Chapter of Steelheaders, Barry Oyler, Mark Lindemeyer, Leonard Hall, Holly Hall Kosikowski, Herman Lilienthal, Jean Lilienthal, Jim Fraser, Jack Vera, and Robert Moore, Petitioners, v. OREGON DIVISION OF STATE LANDS, William S. Cox, Director of the Division of State Lands, and City of North Bend, Respondents, and Western Bank, et al., Intervenor-Respondents.

Court of Appeals of Oregon.

Decided June 14, 1978.

Attorney(s) appearing for the Case

Bruce H. Anderson, Eugene, argued the cause for petitioners. With him on the brief were Douglas M. DuPriest and Coons & Anderson, Eugene.

James C. Rhodes, Deputy Atty. Gen., Salem, argued the cause for respondents Oregon Division of State Lands and William S. Cox, Director of the Division of State Lands. With him on the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., Clarence R. Kruger, Asst. Atty. Gen., and Peter S. Herman, Senior Counsel, Salem.

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

G. Jefferson Campbell, Jr., Coos Bay, argued the cause and filed the brief for intervenor-respondent.

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

TANZER, Judge.

The issue in this case is whether, under Oregon's Fill and Removal Law, ORS 541.605 to 541.665, the director of the Division of State Lands may issue a permit for an estuarine landfill project which is not for a water-related use.

The City of North Bend applied for a permit to fill 32 acres of the Coos Bay Estuary for the purpose of extending a runway at the North Bend Airport to accommodate Hughes Air West's plan to convert from prop-jet to...

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