Lenhart (Bud) GIENGER and Gienger Farms, Inc., Petitioners,
v.
DEPARTMENT OF STATE LANDS, Respondent.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted on January 20, 2009.
Decided August 5, 2009.
Attorney(s) appearing for the Case
Clarence H. Greenwood, Portland, argued the cause and filed the briefs for petitioners. With him on the briefs was Black Helterline LLP.
Denise G. Fjordbeck, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.
Court of Appeals of Oregon.
SERCOMBE, J.
Petitioner1 seeks judicial review of a final order of the Department of State Lands (the department) that found that petitioner had violated ORS 196.810 by removing material from the bed and banks of a waterway known as Golf Course Creek without a permit. On review, he raises five assignments of error to the department's final order. We conclude that the department correctly determined that Golf Course Creek is a "water of...
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