LIBERTY v. STATE, DEPT. OF TRANSPORTATION

(CC 012082, CC 022066; CA A120225 (Control), CA A120226; SC S53232).

148 P.3d 909 (2006)

342 Or. 11

John P. LIBERTY, Petitioner on Review, v. STATE of Oregon, DEPARTMENT OF TRANSPORTATION, Respondent on Review, and County of Tillamook, Defendant. Nicklaus A. Graham, Petitioner on Review, v. State of Oregon, Department of Transportation, and Parks and Recreation Department, Respondents on Review.

Supreme Court of Oregon.

Decided November 24, 2006.


Attorney(s) appearing for the Case

Brian R. Whitehead, Salem, argued the cause and filed the brief for petitioners on review.

Brendan C. Dunn, Assistant Attorney General, Salem, argued the cause and filed the brief for respondents on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, Salem.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, and KISTLER, Justices.


BALMER, J.

This case requires us to determine the scope of the immunity that ORS 105.682 confers on a land owner who "permits any person to use the [owner's] land for recreational purposes[.]" The specific issue is whether ORS 105.682 grants immunity to a landowner that permits persons to cross its land to obtain access to other land where those persons will engage in recreational activities. Plaintiffs were injured on defendant...

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