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STATE EX REL. COX v. DAVIDSON INDUSTRIES

No. 77-5311; CA 15484.

620 P.2d 942 (1980)

49 Or.App. 657

STATE of Oregon ex rel. William S. Cox, Director, Division of State Lands, Appellant, v. DAVIDSON INDUSTRIES, Inc., Respondent.

Court of Appeals of Oregon.

Decided December 8, 1980.

Reconsideration Denied January 22, 1981.

Review Allowed March 17, 1981.

Attorney(s) appearing for the Case

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

K. Patrick Neill, Eugene, argued the cause for respondent. With him on the brief was Hersner, Hunter, Miller, Moulton & Andrews, Eugene.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

Plaintiff brought this suit for an injunction against defendant Davidson Industries, Inc. (Davidson) to require it to restore Siboco Slough to its original condition (ORS 541.605-541.665). Plaintiff alleged that Davidson created a public nuisance1 by constructing an earth fill dike in "waters of this state" without a permit from the State Division of Lands (Division).

Davidson owns a large parcel of property...

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