State Ex Rel. Cox v. Davidson Industries, Inc.

The defendant timber company placed a fill, to be used as a road, on property near the mouth of the Siuslaw River. The plaintiff Cox, Director of the Division of State Lands, brought this suit seeking a mandatory injunction requiring the defendant to remove the fill because the defendant built it without securing a permit from the Division. ORS 541.615 provides that no person “shall * * * fill any waters of this state without a permit issued under authority of the Director of the Division of State Lands * * The trial court held the plaintiff had not proved the fill was constructed upon the…