State ex rel. Cox v. Davidson Industries, Inc.

Plaintiff brought this suit for an injunction against defendant Davidson Industries, Inc. (Davidson) to require it to restore Siboco Slough to its original condition (ORS 541-605 - 541.665). Plaintiff alleged that Davidson created a public nuisance1 by constructing an earth fill dike in "waters of this state” without a permit from the State Division of Lands (Division).

Davidson owns a large parcel of property on the Suislaw River near the ocean on the Siboco Slough. Its use of the land primarily involves the timber covering the hills on each side of the slough. Cattle pasture on the…