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MORSE v. OREGON DIVISION OF STATE LANDS

CA 10946.

583 P.2d 40 (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 In Banc.

July 13, 1978, and July 14, 1978.

Petitions Denied July 26, 1978.

August 8, 1978.

Attorney(s) appearing for the Case

James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., James C. Rhodes, Deputy Atty. Gen., and Peter S. Herman, Senior Counsel, Salem, for respondents Oregon Division of State Lands, William S. Cox, Director of the Division of State Lands.

Donald J. Morgan, Portland, and Wood, Tatum, Mosser, Brooke & Holden, Portland, for respondent City of North Bend.

G. Jefferson Campbell, Jr., Coos Bay, and Newhouse, Foss, Whitty & Roess, Coos Bay, for intervenor-respondents.

No appearance contra.

On Petition for Reconsideration

LEE, Judge, dissenting.

I dissent1 from our denial of the petition for reconsideration in Morse v. Division of State Lands, 34 Or.App. 853, 581 P.2d 520 (1978), because, in my opinion, this court erred in adopting a rigid rule which is incompatible with the discretionary powers which the legislature sought to vest in the Director of the Division of State...

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