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STEVENS v. CITY OF CANNON BEACH

Civ. No. 95-455-FR.

893 F.Supp. 944 (1995)

Irving C. STEVENS and Jeanette E. Stevens, Plaintiffs, v. CITY OF CANNON BEACH and State of Oregon, acting by and through its Department of Parks and Recreation, Division of State Lands, Land Conservation and Development Commission, and Judicial Department, Defendants.

United States District Court, D. of Oregon.

July 18, 1995.

Attorney(s) appearing for the Case

Garry P. McMurry, Garry P. McMurry & Associates, Portland, OR, for plaintiffs.

William R. Canessa, Campbell, Moberg, Canessa, Faber & Hooley, P.C., Seaside, OR, for defendant City of Cannon Beach.

Theodore R. Kulongoski, Atty. Gen., Eric J. Bloch, Stephen K. Bushong, Asst. Atty. Gen., Salem, OR, for defendant State of Oregon.

OPINION

FRYE, Judge:

The matters before the court are (1) the motion of the defendant City of Cannon Beach to dismiss (# 13); and (2) the motion of the defendant State of Oregon to dismiss (# 14).

ALLEGATIONS OF THE COMPLAINT

In 1917, the Ecola Inn was built on property to the south of Tax Lots 8500 and 8501. It was built on a promontory created over the dry sand by the construction of a wooden retaining wall located approximately 300 feet...

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