General Construction Co. v. Oregon State Fish Commission

Plaintiff filed an amended complaint in Multnomah County Circuit Court against the Oregon State Pish Commission seeking additional compensation for construction of a fishway in the Willamette River. The Commission ultimately submitted an “amended answer and counterclaim” denying the allegations of the complaint and asserting three affirmative defenses and three counterclaims. Plaintiff demurred to two of the counterclaims which alleged plaintiff had damaged migrating anadromous fish in the course of its construction work, on the ground that the defendant lacked the standing to “sue” upon such…