State ex rel. Cox v. Wolfe

The Division of State Lands sought a mandatory injunction to require defendant to restore Whisky Creek in Wallowa County to its natural channel. The Division appeals from an order dismissing its second amended complaint after a demurrer thereto had been sustained by the trial court.

Plaintiffs second amended complaint alleges in substance that the defendant had applied for a permit to divert Whisky Creek to Willow Creek; that in making the diversion he proposed to remove the material from the proposed channel and use it and other material to fill that portion of Whisky Creek left dry as a…