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FANNING v. DSL

94-CV430; CA A91084.

950 P.2d 353 (1997)

151 Or. App. 609

Richard L. FANNING and Tamara S. Lee, aka Tamara S. Fanning, dba Sea Green, Appellants, v. The OREGON DIVISION OF STATE LANDS, Respondent.

Court of Appeals of Oregon.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Karl G. Anuta, Portland, argued the cause for appellants. With him on the briefs was Larry N. Sokol & Associates, P.C.

Stephanie L. Striffler, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

Plaintiffs leased coastal land from the Oregon Division of State Lands (DSL) to harvest sea kelp. The lease contained a minimum harvest requirement and provided for termination of the lease in the event of failure to comply with the minimum. The lease also expressly authorized DSL to elect not to terminate the lease in such circumstances. When plaintiffs failed to meet the harvest minimum several years running, DSL terminated the lease. Plaintiffs initiated...

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