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HAY v. DEPT. OF TRANSPORTATION

CA A32904.

705 P.2d 240 (1985)

75 Or.App. 119

William HAY and Georgianna Hay, Petitioners, v. OREGON DEPARTMENT OF TRANSPORTATION, Oregon Transportation Commission, Park and Recreation Division of the Oregon Department of Transportation, State Land Board and Division of State Lands, Respondents.

Court of Appeals of Oregon.

Decided August 21, 1985.

Attorney(s) appearing for the Case

William Dickas, Portland, argued the cause for petitioners. With him on the brief were Kell, Alterman & Runstein, Portland.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were David B. Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Robert W. Muir, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

The petitioners in this proceeding under ORS 183.400 challenge the validity of the portion of OAR 736-24-005(2) that prohibits motor vehicle travel on a beach area, but that creates an exception

"[b]etween sunrise and sunset from Ecola Court in Cannon Beach southerly 300 feet for vehicle parking March 1 to September 30."

Petitioners own a motel that fronts on the part of the beach where parking is permitted. They also hold title to...

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