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MURPHY v. MENTAL HEALTH DIVISION

A8405-02740; CA A32880.

706 P.2d 569 (1985)

75 Or.App. 226

Dennis MURPHY, Dba Hood View Residential Care Home and Mt. Scott Residential Care Home, Appellant, v. MENTAL HEALTH DIVISION, J.H. Treleaven, Administrator, Senior Services Division, Richard Ladd, Administrator, and Department of Human Resources, Leo Hegstrom, Director, Respondents.

Court of Appeals of Oregon.

Decided September 18, 1985.

Reconsideration Denied November 1, 1985.

Attorney(s) appearing for the Case

Arden E. Shenker, Portland, argued the cause for appellant. With him on briefs were Montgomery W. Cobb and Tooze Kerr Marshall & Shenker, Portland.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Christine I. Jensen, Certified Law Student, Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Plaintiff, an owner/operator of two residential care facilities, brought this action in circuit court seeking to have defendants' administrative policy of restricting admissions and referrals to his facilities declared void. The complaint was dismissed below for lack of jurisdiction, the trial court finding that ORS 183.4001 created mandatory exclusive jurisdiction in the Court of Appeals whenever the validity...

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