Mark v. State

Argued and submitted September 25, 2003. Defendants, the State of Oregon Department of Fish and Wildlife (ODFW) and Division of State Lands (DSL), appeal from a judgment issuing a permanent injunction in an action for a nuisance. DSL owns, and ODFW leases and manages, property including a public beach adjacent to plaintiffs' property on Sauvie Island. The trial court (1) determined that the intrusive presence and behavior of nude sunbathers using the public beach and ODFW's failure to ""regulate or otherwise exercise control"" over certain aspects of that use constituted a private nuisance; and (2) issued a permanent injunction requiring ODFW to abate the nuisance. On appeal, defendants challenge both the trial court's finding of a private nuisance and the scope and content of the injunction. We review de novo, ORS 19.415(3), and affirm.