Legal Opinion

Stevens v. City of Cannon Beach

Oregon Supreme Court

Decided July 1, 1993No. CC 90-2061; CA A68916; SC S39585PublishedCited by 28 opinions

1Opinion of the CourtVan Hoomissen, J.

Plaintiffs appeal a trial court’s judgment dismissing their complaint for inverse condemnation for failure to state a claim. ORCP 21A(8). Plaintiffs own two vacant lots in the dry-sand area of the City of Cannon Beach (city). They applied to defendants city and Oregon Department of Parks and Recreation (department) for permits to build a seawall as part of the eventual development of the lots for motel or hotel use. City and department denied the application on a number of grounds.

Plaintiffs then brought this inverse condemnation action, alleging that defendants’ denials, and the ordinances…

2Cases cited19 opinions

  1. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  2. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  3. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
  4. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  5. Agins v. City of TiburonSupreme Court of the United States · 1980

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3Cited by28 opinions

  1. Severance v. PattersonTexas Supreme Court · 2012
  2. Public Access Shoreline Hawaii ex rel. Rothstein v. Hawai'i County Planning Commission ex rel. FujimotoHawaii Supreme Court · 1995
  3. Jensen v. WhitlowOregon Supreme Court · 2002
  4. State v. ChristianOregon Supreme Court · 2013
  5. Cope v. City of Cannon BeachOregon Supreme Court · 1993

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