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ALTO v. STATE FIRE MARSHAL

CC 9009-05766; CA A67834; SC S40580 (Control) S40581.

876 P.2d 774 (1994)

319 Or. 382

John F. ALTO, W.D. Tuininga, Glenn H. Lucas, Robert C. Peck, Barry Desbiens, Gary W. Collins, Arnold Donnelly, R.J. Barman, George De Hart, and Herbert L. Thompson, Respondents on Review, v. The STATE of Oregon, By and Through the STATE FIRE MARSHAL, Susan M. Browning, acting State Fire Marshal, Petitioner on Review, and Metrofueling, Inc., Petitioner on Review.

Supreme Court of Oregon.

Resubmitted July 28, 1994.

Decided July 29, 1994.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for petitioner on review, State of Oregon. With him on the briefs were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

James N. Westwood, of Miller, Nash, Wiener, Hager & Carlsen, Portland, argued the cause for petitioner on review, Metrofueling, Inc. With him on the briefs was Dennis P. Rawlinson, Portland.

Phil Goldsmith, of James, Denecke & Harris, Portland, argued the cause and filed the responses for respondents on review.

Before CARSON, C.J., and VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

VAN HOOMISSEN, Justice.

The dispositive issue in this case is whether the circuit court had subject matter jurisdiction to consider plaintiffs' challenge to administrative rules brought pursuant to the Uniform Declaratory Judgment Act, ORS 28.010 et seq.1 Defendants2 argue that the Court of Appeals has exclusive jurisdiction pursuant to ORS 183.400(1).3 The circuit court...

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