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BANIF CORPORATION v. BLACK

507 P.2d 49 (1973)

BANIF CORPORATION, an Oregon Corporation, and Tri-State Realty, Inc., an Oregon Corporation, Respondents, v. John E. BLACK, As Real Estate Commissioner of the State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided March 5, 1973.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Fred A. Granata, Portland, argued the cause and filed the brief for respondents.

Paul J. O'Halloren, Portland, submitted a brief amicus curiae for The Oregon Escrow Council, Inc.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

This is an appeal in a declaratory judgment proceeding in which the plaintiffs sought to have certain alleged "orders" of the Real Estate Commissioner declared invalid. The alleged "orders" were in the form of three letters. Two were to "All Escrow Agencies," informing them that the Real Estate Commissioner had determined that ORS 696.2401 requires that a broker may not use the...

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