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NOBLE v. DEPARTMENT OF FISH AND WILDLIFE

700142; A140936.

279 P.3d 345 (2012)

250 Or. App. 252

Charles NOBLE and Deborah Noble, Petitioners, v. DEPARTMENT OF FISH AND WILDLIFE, Respondent, and Robert Lytle and Galena Stoyan, Respondents below.

Court of Appeals of Oregon.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Brian J. Posewitz argued the cause and filed the briefs for petitioners.

Denise G. Fjordbeck , Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Erika L. Hadlock , Senior Assistant Attorney General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Petitioners, who own property on a small stream near Oregon City, seek review of a final order of the Oregon Department of Fish and Wildlife (ODFW) approving fishways1 on two downstream dams owned by Lytle and Stoyan, respectively. Petitioners assign as error ODFW's conclusion that fish require passage at the Lytle and Stoyan dams only when water flows over the spillways of the dams. We conclude that ODFW correctly construed...

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