Legal Opinion
Stevens v. City of Cannon Beach
District Court, D. Oregon
Decided July 18, 1995No. Civ. 95-455-FRPublished
1Opinion of the Court
OPINION
FRYE, Judge:
The matters before the court are (1) the motion of the defendant City of Cannon Beach to dismiss (# 13); and (2) the motion of the defendant State of Oregon to dismiss (# 14).
ALLEGATIONS OF THE COMPLAINT
In 1917, the Ecola Inn was built on property to the south of Tax Lots 8500 and 8501. It was built on a promontory created over the dry sand by the construction of a wooden retaining wall located approximately 300 feet east of the boundary of the mean high water mark.
In 1933, the Ecola Tavern was built behind a concrete seawall and car ramp to the beach, extending farther out…
2Cases cited10 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Gibson v. United StatesCourt of Appeals for the Ninth Circuit · 1986
- Drews v. EBI CompaniesOregon Supreme Court · 1990
- Palomar Mobilehome Park Association v. City of San MarcosCourt of Appeals for the Ninth Circuit · 1993
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