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KASCH'S GARDEN CENTERS v. DEPT. OF AGRIC.

CA A39912.

736 P.2d 609 (1987)

85 Or.App. 377

KASCH's GARDEN CENTERS and Nurseries, Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent.

Court of Appeals of Oregon.

Decided May 6, 1987.

Reconsideration Denied June 26, 1987.

Attorney(s) appearing for the Case

Barry L. Adamson, Portland, argued the cause for petitioner. With him on the brief was Williams, Fredrickson, Stark & Weisensee, P.C., Portland.

John A. Reuling, Jr., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Under ORS 183.400,1 petitioner challenges the validity of OAR 603-52-129. The rule establishes a quarantine "against the pest known as brown garden snail * * which * * * caus[es] severe damage to leaves and fruits of many plants." OAR 603-52-129(1).

Included in the areas of quarantine are California and Washington, from which petitioner imports nursery stock. The rule permits entry of covered commodities from quarantine...

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