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NOBLE v. OREGON WATER RESOURCES DEPT.

CV10010159; A148021.

330 P.3d 688 (2014)

264 Or. App. 110

Deborah NOBLE and David Hillison, Petitioners-Appellants, v. OREGON WATER RESOURCES DEPARTMENT and Robert Lytle, Respondents-Respondents.

Court of Appeals of Oregon.

Decided July 2, 2014.

Attorney(s) appearing for the Case

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

Inge D. Wells , Senior Assistant Attorney General, argued the cause for respondent Oregon Water Resources Department. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

No appearance for respondent Robert Lytle.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

NAKAMOTO, J.

Petitioners appeal following the circuit court's judicial review of an order by the Oregon Water Resources Department (the department) in other than a contested case. The order permitted petitioners' neighboring landowner, Lytle, to maintain a reservoir in a stream that runs on his property as well as petitioners' properties, with certain conditions. The circuit court set aside and remanded the order on the basis...

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