Morse v. Oregon Division of State Lands

I dissent1 from our denial of the petition for reconsideration in Morse v. Division of State Lands, 34 Or App 853, 581 P2d 520 (1978), because, in my opinion, this court erred in adopting a rigid rule which is incompatible with the discretionary powers which the legislature sought to vest in the Director of the Division of State Lands by ORS 541.625(2) which provides:

"(2) The Director of the Division of State Lands may issue a permit applied for under ORS 541.620 for filling waters of this state. In determining whether or not a permit shall be issued, the director shall consider the following: