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STEVENS v. CITY OF CANNON BEACH

90-2061; CA A68916.

835 P.2d 940 (1992)

114 Or. App. 457

Irving C. and Jeanette STEVENS, Appellants, v. CITY OF CANNON BEACH and State of Oregon, Department of Parks & Recreation, Respondents.

Court of Appeals of Oregon.

Decided August 5, 1992.

Reconsideration Denied September 23, 1992.

Attorney(s) appearing for the Case

Garry P. McMurry, Portland, argued the cause for appellants. With him on the briefs was Garry P. McMurry & Associates, Portland.

Jack L. Landau, Deputy Atty. Gen., Salem, argued the cause for respondent State of Or. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

William R. Canessa and Campbell, Moberg & Canessa, P.C., Seaside, filed the brief for respondent City of Cannon Beach.

Keith A. Bartholomew, and Interns, Michael Clinton and Carrie Stilwell, Portland, filed a brief amicus curiae for 1000 Friends of Oregon, League of Women Voters of Oregon and Oregon Shores Conservation Coalition.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Plaintiffs own two vacant lots in the dry sand area of the city of Cannon Beach (city). They applied to defendants city and Oregon Department of Parks & Recreation (department) for permits to build a seawall as part of the eventual development of the lots for motel or hotel use. City and department denied the applications on a number of grounds.

Plaintiffs then brought this inverse condemnation action, asserting that city's and...

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