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SCOVELL v. GOLDSCHMIDT

88-2062; CA A61442.

806 P.2d 181 (1991)

106 Or. App. 111

Vern SCOVELL, Respondent, v. Neil GOLDSCHMIDT, Governor, member of the State Land Board; Tony Meeker, member of the State Land Board; Barbara Roberts, member of the State Land Board; The Division of State Lands; Martha Pagel, Director of the Division of State Lands, Appellants.

Court of Appeals of Oregon.

Decided February 27, 1991.

Attorney(s) appearing for the Case

Meg Reeves, Asst. Atty. Gen., Salem, argued the cause for appellants. With her on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Diane Spies, Lake Oswego, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Respondents1 appeal from a writ of mandamus compelling the director of the Division of State Lands (DSL) to approve petitioner's application for a fill and removal permit. We reverse.

Petitioner owns property in the Nehalam Bay Estuary in Tillamook County, commonly known as "Botts Marsh," on which he wants to develop a marina. He must obtain a fill and removal permit from DSL to dredge the estuary and to...

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