# Corvallis Sand & Gravel Co. v. State Land Board

> Oregon Supreme Court · April 10, 1968 · 250 Or. 319

URL: https://www.frixlaw.com/law-library/cases/9848459

## Case

- **Full name:** CORVALLIS SAND & GRAVEL CO., Respondent, v. STATE LAND BOARD, Appellant
- **Court:** Oregon Supreme Court
- **Decided:** April 10, 1968
- **Citations:** 250 Or. 319; 439 P.2d 575; 1968 Ore. LEXIS 550
- **Precedential status:** Published
- **Opinion:** Concurrence by Denecke
- **Judges:** Perry, McAllister, Sloan, O'Connell, Goodwin, Denecke, Lusk
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9848459

## How later opinions describe it (automated extraction)

- explaining that state holds title to public trust resources but title is held “not in a proprietary capacity, but in its sov- ereign capacity, that is to say, as trustee for the public”
- applying nullum tempus rule, the defense of laches is not available against “the government, state or national * * *”

## Opinion text

DENECKE, J.,
specially concurring.
I concur solely upon the ground that laches is only a defense against a party seeking equitable relief and is not available as a defense to a law action of ejectment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9848459. Public record. Not legal advice.