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McDONALD v. HALVORSON

TC A8505-05317; CA A42945; SC S35561.

780 P.2d 714 (1989)

308 Or. 340

Thomas A. McDonald, and Michael Lynch, Appellants, v. Carl HALVORSON; Little Whale Cove Homeowners' Association, Inc., an Oregon Non-Profit Corporation, and Halvorson-Mason Corp., an Oregon Corporation, Respondents. State of Oregon, by and through the State Land Board and the Department of Transportation, Respondent On Review, v. CARL HALVORSON; LITTLE WHALE COVE HOMEOWNERS' ASSOCIATION, Inc., an Oregon Non-Profit Corporation, and Halvorson-Mason Corp., an Oregon Corporation, Petitioners On Review, Carl Halvorson; Little Whale Cove Homeowners' Association, Inc., an Oregon Non-Profit Corporation, and Halvorson-Mason Corp., an Oregon Corporation, Plaintiffs, v. THOMAS A. MCDONALD, Michael Lynch, William McDonald, Lindsay, Hart, Neil & Weigler, a Partnership, Defendants.

Supreme Court of Oregon, In Banc.

Decided September 19, 1989.

Attorney(s) appearing for the Case

Garry P. McMurry, Portland, argued the cause and filed the petition and responses on behalf of Petitioners on Review.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause on behalf of Respondent on Review. With her on the responses were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Kurt Burkholder, Asst. Atty. Gen., Salem.

Ben C. Fetherston, Jr., of Clark, Lindauer, McClinton, Krueger & Fetherston, Salem, filed an amicus curiae brief for 1000 Friends of Oregon.

Richard M. Stephens, Pacific Legal Foundation, Sacramento, Cal., filed an amicus curiae brief for Pacific Legal Foundation.

GILLETTE, Justice.

This case began as a dispute between adjacent private property owners over access to a beach at Little Whale Cove on the Oregon coast. Because access to and use of the beach was also a matter of public concern, the state intervened. After a trial, the circuit court, in addition to resolving the dispute between the private parties, found that Little Whale Cove was not, in fact, a part of the Pacific Ocean; instead,

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