FILED: November 17, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

E. J. LEASON,
aka John Leason,

Plaintiff-Appellant,

and

GERTRUDE C. LEASON,

Plaintiff,

v.

STATE OF OREGON,
acting by and through
the Department of Land Conservation and Development,

Defendant-Respondent.

Deschutes County Circuit Court
05CV0513ST
A139477

Stephen N. Tiktin, Judge.

Argued and submitted on June 10, 2010.

Edward P. Fitch argued the cause for appellant.  With him on the briefs was Bryant, Emerson & Fitch, LLP.

Stephanie L. Striffler, Senior Assistant Attorney General, argued the cause for respondent.  With her on the briefs were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before Schuman, Presiding Judge, and Wollheim, Judge, and Rosenblum, Judge.

PER CURIAM

Affirmed.  Powell v. State of Oregon, ___ Or App ___, ___ P3d ___ (Nov 17, 2010).


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