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HARDY v. STATE LAND BD.

083817Z7; A148195.

360 P.3d 647 (2015)

274 Or. App. 262

Wilbur HARDY and Kathryn Hardy, individuals; Idelle Collins, an individual; Craig Tompkins, an individual; Kirtland Farms 600, LLC, an inactive Oregon limited liability company; Mary Caldwell, an individual; Chris Caldwell, an individual; Caldwell Family, LLC, an Oregon limited liability company; Robert Malloy and Marilyn Malloy, individuals, Petitioners-Respondents, and Kirtland Farms, Inc., Petitioner below, v. STATE LAND BOARD, an agency of the State of Oregon; and Department of State Lands, an agency of the State of Oregon, Respondents-Appellants, and Association of Northwest Steelheaders, Rogue Riverkeeper, and Northwest Environmental Defense Center, Respondents below.

Court of Appeals of Oregon.

Decided October 14, 2015.

Attorney(s) appearing for the Case

Inge D. Wells , Assistant Attorney General, argued the cause for appellants. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Jennie L. Bricker argued the cause for respondents. With her on the brief were Beverly C. Pearman and Stoel Rives LLP..

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

The State Land Board and the Department of State Lands (collectively, the state) appeal a judgment of the circuit court setting aside the board's declaration of ownership of the bed and banks of the Rogue River between river miles (RM) 68.5 and 157.51 under the process established in ORS 274.400 to 274...

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