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EXAMILOTIS v. DEPT. OF STATE LANDS

700204; A139450.

244 P.3d 880 (2010)

239 Or. App. 522

Than EXAMILOTIS and Nicole Examilotis, Petitioners, v. DEPARTMENT OF STATE LANDS, Respondent.

Court of Appeals of Oregon.

Decided December 15, 2010.

Attorney(s) appearing for the Case

Daniel J. Stotter argued the cause for petitioners. With him on the briefs was Irving & Stotter LLP.

Karla H. Ferrall , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before WOLLHEIM, Presiding Judge, and SERCOMBE, Judge, and CARSON, Senior Judge.

SERCOMBE, J.

Petitioners seek review of a final order of the director of the Oregon Department of State Lands (DSL) that affirmed the issuance of a fill/removal permit to the Coos County Salmon Trout Enhancement Program Commission (Coos STEP). Coos STEP applied for the permit in conjunction with its proposed plan to move and reconstruct a fish hatchery on Morgan Creek. The issues in this case concern inconsistencies between the statutory standards for issuing a fill...

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