Thomas Creek Lumber v. Dept. of Forestry

309 Argued and submitted March 1, affirmed September 27, 2023 THOMAS CREEK LUMBER AND LOG CO., an Oregon corporation, Plaintiff-Appellant, v. STATE OF OREGON, Oregon Department of Forestry, Defendant-Respondent. Marion County Circuit Court 15CV32928; A167397

537 P3d 615

Plaintiff appeals from a judgment denying its petition for a statutory way of necessity over state-owned land. Plaintiff assigns error to the trial court’s deter- mination that plaintiff had not met its burden of establishing the requirements for a way of necessity and that the state did not unreasonably withhold its con- sent…