Stevens v. City of Cannon Beach
Oregon Supreme Court
854 P.2d 449 (1993)
- Written by Solveig Singleton, JD
Facts
In 1969, the Oregon Supreme Court decided Thornton v. Hay, holding that a state could prevent a landowner from excluding the public from the dry sand area of a beach property if the area had customarily been used by the public. In 1992, the United States Supreme Court ruled that if a state enacted a new regulation that prohibited all economically beneficial use of land, the state must compensate the landowner for a regulatory taking. Irving and Jeanette Stevens (plaintiffs) acquired property in Cannon Beach, Oregon, before Thornton was decided. The Stevenses later sought to exclude the public from the dry sand area of their property, as had the landowners in Thornton, and sued the City of Cannon Beach (defendant) to establish their right to do so. On appeal to the Oregon Supreme Court, the Stevenses argued that retroactive application of the ruling in Thornton to their property required compensation as a regulatory taking.
Rule of Law
Issue
Holding and Reasoning (Van Hoomissen, J.)
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