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STATE EX REL. COX v. DAVIDSON INDUSTRIES

No. 77-5311; CA 15484; SC 27541.

635 P.2d 630 (1981)

291 Or. 839

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

Supreme Court of Oregon, In Banc.

Decided November 3, 1981.

Attorney(s) appearing for the Case

K. Patrick Neill, Eugene, argued the cause for petitioner. With him on the briefs were Hershner, Hunter, Miller, Moulton & Andrews, Eugene.

William F. Gary, Sol. Gen., argued the cause for respondent. On the briefs were James M. Brown, Atty. Gen., Walter L. Barrie, Sol. Gen., and James C. Rhodes, Asst. Atty. Gen., Salem.

DENECKE, Chief Justice.

The defendant timber company placed a fill, to be used as a road, on property near the mouth of the Siuslaw River. The plaintiff Cox, Director of the Division of State Lands, brought this suit seeking a mandatory injunction requiring the defendant to remove the fill because the defendant built it without securing a permit from the Division. ORS 541.615 provides that no person "shall * * * fill any waters of this state without a permit issued...

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