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HAY v. DEPT. OF TRANSPORTATION

CC 83-394/CA A32892; CA A32904/SC S32179.

719 P.2d 860 (1986)

301 Or. 129

William HAY and Georgianna Hay, Petitioners on review, 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 on review.

Supreme Court of Oregon, In Banc.

Decided May 20, 1986.

Attorney(s) appearing for the Case

William Dickas, of Kell, Alterman & Runstein, Portland, argued the cause and filed the petition for petitioners on review.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondents on review.

JONES, Justice.

This case arises from plaintiffs' challenge to the Department of Transportation's statutory authorization of the use of the beach in front of their Cannon Beach motel as a parking area. Three issues are presented: (1) Is our review of a Court of Appeals decision that upheld the validity of a rule rendered moot when an agency promulgated a new rule superseding the challenged rule? (2) May a circuit court determine the validity of a rule in the course...

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