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OWEN v. DIVISION OF STATE LANDS

A116843.

76 P.3d 158 (2003)

189 Or. App. 466

Brent OWEN and Redding Foundation, Inc., Petitioners, v. DIVISION OF STATE LANDS, Respondent.

Court of Appeals of Oregon.

Decided September 10, 2003.

Attorney(s) appearing for the Case

Paul V. Vaughan, Eugene, argued the cause for petitioners. With him on the briefs was Hershner Hunter Andrews Neill & Smith, LLP.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

BREWER, J.

Petitioners Brent Owen and Redding Foundation, Inc. (Redding) seek judicial review of a final order of the Division of State Lands (DSL). The order upheld a cease and desist order that directed petitioners to stop fill activities on a road that spans wetlands located on petitioners' property until they obtained a permit for that work as provided in ORS 196.810(1)(a).1 Petitioners assert that the work is exempt from the permit...

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