State Highway Commission v. Bauman

Plaintiff appeals from a decision in favor of defendants in this declaratory, judgment suit in which the plaintiff seeks to establish alleged public recreational rights in a privately owned sand dune area eastward of the ocean beach and above the vegetation line in the City of Cannon Beach, Clatsop County. The complaint also seeks an injunction against the defendants’ proceeding with the development of a proposed condominium project on the property. This suit, sounding in equity, is a sequel to State ex rel Johnson v. Bau man, 7 Or App 489, 492 P2d 284 (1971), wherein we held that a suit of…