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1000 FRIENDS OF ORE. v. DIV. OF STATE LANDS

No. 2873; CA 16027.

611 P.2d 1177 (1980)

46 Or.App. 425

1000 FRIENDS OF OREGON, Paul M. Mikesh, Petitioners, v. DIVISION OF STATE LANDS OF THE STATE OF OREGON, William S. Cox, Director; Michael O. Malarkey, Respondents.

Court of Appeals of Oregon.

Decided June 2, 1980.

Attorney(s) appearing for the Case

Richard P. Benner, Portland, argued the cause and filed the brief for petitioners.

Al J. Laue, Asst. Atty. Gen., Salem, waived appearance for respondent Division of State Lands.

Terry G. DeSylvia, Portland, argued the cause for respondent Michael O. Malarkey. With him on the brief was Black, Kendall, Tremaine, Boothe & Higgins, Portland.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

RICHARDSON, Presiding Judge.

Petitioners appeal an order of the Division of State Lands granting Michael O. Malarkey a permit to maintain an existing dike across a tidal slough in Scappoose Bay. Petitioners contend that the permit was granted without proper consideration of the factors set out in ORS 541.625.

Malarkey owns a large parcel of property containing his residence located adjacent to Scappoose Bay. Prior to 1972, access to the residence was by wooden...

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