Find Court Cases > A139450 Examilotis v. Dept. of State Lands

A139450 Examilotis v. Dept. of State Lands

Case Date: 12/15/2010
Docket No: none

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FILED: December 15, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

THAN EXAMILOTIS
and NICOLE EXAMILOTIS,

Petitioners,

v.

DEPARTMENT OF STATE LANDS,

Respondent.

Department of State Lands
700204
A139450

Argued and submitted on January 19, 2010.

Daniel J. Stotter argued the cause for petitioners. With him on the briefs was Irving & Stotter LLP.

Karla H. Ferrall, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before Wollheim, Presiding Judge, and Sercombe, Judge, and Carson, Senior Judge.

SERCOMBE, J.

Affirmed.

SERCOMBE, J.

Petitioners seek review of a final order of the director of the Oregon Department of State Lands (DSL) that affirmed the issuance of a fill/removal permit to the Coos County Salmon Trout Enhancement Program Commission (Coos STEP). Coos STEP applied for the permit in conjunction with its proposed plan to move and reconstruct a fish hatchery on Morgan Creek. The issues in this case concern inconsistencies between the statutory standards for issuing a fill/removal permit, ORS 196.825 (2005), amended by Or Laws 2007, ch 849,