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MARK v. DDFW

96-2019; A114713.

84 P.3d 155 (2004)

191 Or. App. 563

Glen D. MARK and Teri L. Powers, Respondents, v. STATE of Oregon, on behalf of the DEPARTMENT OF FISH AND WILDLIFE; and State of Oregon, on behalf of the Division of State Lands, Appellants, and Naturist Action Committee, a National Association, Intervenor-Below.

Court of Appeals of Oregon.

Decided January 28, 2004.

Attorney(s) appearing for the Case

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for appellants. With him on the opening brief were Hardy Myers, Attorney General, and Michael D. Reynolds. With him on the reply brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Glen D. Mark argued the cause for respondents. On the brief were Teri L. Powers and Powers & Mark.

Before HASELTON, Presiding Judge, and WOLLHEIM and BREWER, Judges.

HASELTON, P.J.

Defendants, the State of Oregon Department of Fish and Wildlife (ODFW) and Division of State Lands (DSL), appeal from a judgment issuing a permanent injunction in an action for a nuisance. DSL owns, and ODFW leases and manages, property including a public beach adjacent to plaintiffs' property on Sauvie Island. The trial court (1) determined that the intrusive presence and behavior of nude sunbathers using the public beach and ODFW's failure to "regulate...

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