Bridgeview Vineyards, Inc. v. State Land Board

This case involves the interpretation of Oregon’s fill and removal law, ORS 196.800 to 196.990. In January 1999, petitioner Bridgeview Vineyards 1 asked respondent Division of State Lands (DSL) for emergency authorization to place riprap in Sucker Creek, a nonnavigable stream located in Josephine County that is designated as salmonid habitat. After DSL denied the authorization, petitioner sought judicial review of DSL’s order in circuit court, alleging in its first claim for relief that its proposed activity fit within various exceptions to and exemptions from the fill and removal law’s…