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THOMAS CREEK LUMBER v. DEP'T OF FORESTRY

A167397.

537 P.3d 615 (2023)

328 Or. App. 309

THOMAS CREEK LUMBER AND LOG CO., an Oregon corporation, Plaintiff-Appellant, v. State of Oregon, OREGON DEPARTMENT OF FORESTRY, Defendant-Respondent.

Court of Appeals of Oregon.

September 27, 2023.

Attorney(s) appearing for the Case

Michael T. Stone , Hillsboro, argued the cause for appellant. Also on the opening brief was Brisbee & Stockton LLC. Also on the reply brief was Brisbee & Stockton LLC and Hood Stone Stockton .

Peenesh Shah , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Shorr, Presiding Judge, and Pagán, Judge, and DeVore, Senior Judge.

Plaintiff appeals from a judgment denying its petition for a statutory way of necessity over state-owned land and awarding defendant Oregon Department of Forestry $45,094.30 in attorney fees.1 Plaintiff is the owner of a 160-acre parcel of timber land in Marion County. The parcel is bordered on three sides...

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