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BRADLEY v. STATE, EX REL. DEPT. OF FORESTRY

092063; A144951.

324 P.3d 504 (2014)

262 Or. App. 78

Carrell F. BRADLEY, Trustee of the Carrell F. Bradley Trust, created September 16, 1992, Plaintiff-Appellant, v. STATE of Oregon, by and through its DEPARTMENT OF FORESTRY, by and through its State Forester, Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 2, 2014.

Attorney(s) appearing for the Case

Larry A. Brisbee argued the cause for appellant. On the briefs was Michael T. Stone.

Stephanie L. Striffler , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

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

NAKAMOTO, J.

Plaintiffs1 filed a petition for a way of necessity to acquire road access to their landlocked property over state land owned by the Oregon Department of Forestry (ODF) near the coast in Clatsop County. A plaintiff who seeks a way of necessity over state-owned land cannot receive road access unless the state grants permission for the way of necessity under ORS 376.185. ORS 376.180(11). In turn, ORS 376.185 provides that the...

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