MENDIETA v. STATE, DIVISION OF STATE LANDS

94-04-10725-E; CA A87490.

941 P.2d 582 (1997)

148 Or. App. 586

Lazaro and Vivian MENDIETA, William and Ann Tracy, LX Ranch, Inc., Beaty Butte Grazing Association, an unincorporated association of individuals and companies, Donald G. Toelle, and Jenkins Ranch, Inc., for themselves individually and for all other persons similarly situated, Respondents-Cross-Appellants-Cross-Respondents, v. STATE of Oregon, acting By and Through the DIVISION OF STATE LANDS, Respondent-Cross-Appellant-Cross-Respondent, and Michele McKay, for herself, and on behalf of her minor children, Erin and Allison McKay, Kristoen Winkle, for herself, and on behalf of her minor children, Regina, Justin and Garrison Winkle, Dee Stryker Coleman, for herself, and on behalf of her minor children, Sydney Meryl and Zane Stryker Coleman, Rest the West, an Oregon nonprofit corporation, Oregon Natural Desert Association, an Oregon nonprofit corporation, and Oregon Natural Resources Coalition, an Oregon nonprofit coalition, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided June 25, 1997.


Attorney(s) appearing for the Case

James S. Coon, Portland, argued the cause for appellants-cross-respondents. With him on the briefs was Swanson, Thomas & Coon.

Daniel E. O'Leary, Portland, argued the cause for respondents-cross-appellants-cross-respondents. With him on the briefs were Timothy R. Volpert and Davis Wright Tremaine.

Rives Kistler, Assistant Attorney General, argued the cause for respondent-cross-appellant-cross-respondent State of Oregon. With him on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Lindsay J. Slater, Medford, filed a brief amicus curiae for Intervenor Oregon Cattlemen's Association.

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


LANDAU, Judge.

Plaintiffs, a group of Eastern Oregon ranchers, initiated this action to force the Division of State Lands (DSL) to grant them 20-year grazing leases with automatic 20-year renewal options and to obtain reformation of those leases to insert a missing clause regarding their valuation. The trial court ordered DSL to grant the 20-year leases with the automatic lease renewals, but it declined to reform the leases to add the missing valuation clauses. We...

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