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SEA RIVER PROPERTIES, LLC v. PARKS

(CC 062011; CA A145896; SC S061094).

333 P.3d 295 (2014)

355 Or. 831

SEA RIVER PROPERTIES, LLC, an Oregon limited liability company, Petitioner on Review, v. Loren E. PARKS, an individual, Respondent on Review. Loren E. Parks, an individual, Third-Party Plaintiff, v. H. Robert Riley and Geneva Ruth Riley, both individually and as Trustees of the H. Robert Riley Trust and Geneva Ruth Riley Trust; Donald Lee Riley and Lee Ann Riley, husband and wife; David Robert Riley and Catherine Lou Riley, husband and wife, Third-Party Defendants.

Supreme Court of Oregon.

Decided August 14, 2014.

Attorney(s) appearing for the Case

Robyn Ridler Aoyagi , Tonkon Torp LLP, Portland, argued the cause and filed the brief for petitioner on review.

G. Kevin Kiely , Cable Huston Benedict Haagensen & Lloyd LLP, Portland, argued the cause and filed the brief for respondent on review. With him on the brief were Laura J. Walker , Casey M. Nokes , and Gretchen S. Barnes.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, LANDAU, and BALDWIN, Justices.

KISTLER, J.

Plaintiff Sea River and defendant Parks own adjoining parcels of land on the central Oregon coast near Nedonna Beach just south of the Nehalem River. Between the 1920s and the 1990s, after the United States government built two jetties to contain the Nehalem River, the ocean and wind deposited sand and silt onto the upland, creating approximately 40 acres of land west of those lots and south of the Nehalem River's southern jetty.1

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