Legal Opinion

Mark v. STATE, DEPT. OF FISH AND WILDLIFE

Court of Appeals of Oregon

Decided February 17, 1999No. 962019; CA A97066PublishedCited by 18 opinions

1Opinion of the Court

*357WARREN, P. J.

Plaintiffs have lived on Sauvie Island since June 1990. They bought their land, which is surrounded by the Sauvie Island Wildlife Area (wildlife area), in February 1990. The portion of the wildlife area near where they live is a popular location for public nudity to an extent that, plaintiffs assert, constitutes both a private and a public nuisance. Defendant Division of State Lands (State Lands) owns the wildlife area, which it leases to defendant Department of Fish and Wildlife (Fish and Wildlife). In this case, plaintiffs seek compensation for the effects of the nudity on…

2Cases cited30 opinions

  1. Fazzolari v. Portland School District No. 1JOregon Supreme Court · 1987
  2. Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
  3. Thornburg v. Port of PortlandOregon Supreme Court · 1962
  4. Nearing v. WeaverOregon Supreme Court · 1983
  5. Suess Builders Co. v. City of BeavertonOregon Supreme Court · 1982

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3Cited by18 opinions

  1. Deep Photonics Corp. v. LaChapelleCourt of Appeals of Oregon · 2016
  2. Rattigan v. WileMassachusetts Supreme Judicial Court · 2006
  3. Beck v. City of PortlandCourt of Appeals of Oregon · 2005
  4. Hayes Oyster Co. v. DEQCourt of Appeals of Oregon · 2021
  5. Mark v. StateCourt of Appeals of Oregon · 2004

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