Legal Opinion

McDonald v. Halvorson

Oregon Supreme Court

Decided September 19, 1989No. TC A8505-05317; CA A42945; SC S35561PublishedCited by 6 opinions

1Opinion of the CourtGillette, J.

This case began as a dispute between adjacent private property owners over access to a beach at Little Whale Cove on the Oregon coast. Because access to and use of the beach was also a matter of public concern, the state intervened. After a trial, the circuit court, in addition to resolving the dispute between the private parties, found that Little Whale Cove was not, in fact, a part of the Pacific Ocean; instead, the cove was a freshwater pool occasionally influenced by the ocean. The court then held that any beach on the cove was a private beach to which the general public had no right of…

2Cases cited4 opinions

  1. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  2. State Ex Rel. Thornton v. HayOregon Supreme Court · 1969
  3. State Highway Commission v. FultzOregon Supreme Court · 1971
  4. McDonald v. HalvorsonCourt of Appeals of Oregon · 1988

3Cited by6 opinions

  1. Stevens v. City of Cannon BeachOregon Supreme Court · 1993
  2. Trepanier v. County of VolusiaDistrict Court of Appeal of Florida · 2007
  3. Kramer v. City of Lake OswegoCourt of Appeals of Oregon · 2017
  4. Stevens v. City of Cannon BeachCourt of Appeals of Oregon · 1992
  5. Stevens v. City of Cannon BeachSupreme Court of the United States · 1994

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API