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BROWN v. BUEHNER

21374-101; CA A35390.

717 P.2d 662 (1986)

79 Or.App. 58

Robert E. BROWN and Lovene E. Brown, Claimants, Petitioners, v. Milton T. BUEHNER Dba Milton T. Buehner Custom Homes, and Builders Board, Respondents.

Court of Appeals of Oregon.

Decided April 23, 1986.

Attorney(s) appearing for the Case

Don Leadroot, Forest Grove, argued the cause for petitioners. With him on brief was Robert Andrew Browning — Attorneys PC, Forest Grove.

No appearance for respondent Milton T. Buehner dba Milton T. Buehner Custom Homes.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent Builders Bd. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and WARREN, JJ.

RICHARDSON, Presiding Judge.

Petitioners challenge the validity of a Builders Board rule, pursuant to which the Board dismissed their claim against the builder of their house. The sole contention is that OAR 812-04-050(4)(b) is invalid because it exceeds the Board's authority under ORS 701.145(2)(a) and 701.235.

Petitioners filed a claim on March 23, 1983, against Buehner, who was building a home for them, making various claims regarding faults in the construction...

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