State Highway Commission v. Fultz

These two cases, consolidated for trial in the circuit court and on appeal to this court, are consolidated also in this opinion.

The first case — State of Oregon, by and through its State Highway Commission et al v. Fultz and L-E-W Engineering, Inc. — is a suit for an injunction. Plaintiff seeks to restrain defendants from continuing the construction of a road and revetment on the ocean beach at South Neskowin without a permit from the state highway engineer, as required by Oregon Laws 1967, ch 601, § 6. The beach area involved is commonly called the dry sand area, or the area between ordinary…