ALTO v. STATE FIRE MARSHAL

9009-05766; CA A67834.

855 P.2d 649 (1993)

121 Or. App. 543

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-Cross-Appellants, v. The STATE of Oregon, By and Through the STATE FIRE MARSHAL, Susan M. Browning, acting State Fire Marshal, Appellant-Cross-Respondent, and Metrofueling, Inc., Intervenor-Appellant-Cross-Respondent.

Court of Appeals of Oregon, In Banc.

Decided July 7, 1993.


Attorney(s) appearing for the Case

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for appellant-cross-respondent. With her on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Phil Goldsmith, Portland, argued the cause for respondents-cross-appellants. With him on the briefs were Roger K. Harris and James & Denecke, Portland.

James N. Westwood, Portland, argued the cause for intervenor-appellant-cross-respondent. With him on the briefs were Dennis P. Rawlinson and Miller, Nash, Wiener, Hager & Carlsen, Portland.


DURHAM, Judge.

Plaintiffs, retail gasoline dealers, brought this action to obtain a declaratory judgment interpreting ORS 480.330 and ORS 480.340, which relate to cardlock gasoline stations. They also sought an injunction against allegedly discriminatory enforcement of the statutes and rules by the State Fire Marshal, and reasonable attorney fees. Metrofueling, Inc., a cardlock dealer, intervened and joined the State of Oregon as a defendant.1

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