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KINROSS COPPER CORP. v. STATE

(960906900; CA A98316)

981 P.2d 833 (1999)

160 Or. App. 513

KINROSS COPPER CORPORATION, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided May 19, 1999.

Attorney(s) appearing for the Case

Phillip D. Chadsey, Portland, argued the cause and filed the briefs for appellant.

John T. Bagg, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Laura A. Schroeder, Schroeder Law Offices, and James L. Huffman, Member, Montana State Bar, filed the brief amicus curiae for Northwest Mining Association.

Susan L. Smith filed the brief amicus curiae for North Santiam Watershed Council.

Before LANDAU, Presiding Judge, DEITS, Chief Judge, and WOLLHEIM, Judge.

LANDAU, P.J.

In this inverse condemnation case, plaintiff Kinross Copper Corporation seeks compensation for the value of its unpatented mining claims, which it contends has been reduced to zero as a result of the state's denial of a permit to discharge wastewater that would result from plaintiff's proposed mining operations. Plaintiff alleged a right to compensation under the takings clauses of both the federal and state constitutions. The trial court entered summary...

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