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MULLER v. STATE, DEPT. OF AGRICULTURE

(95P-1166; CA A98293)

988 P.2d 927 (1999)

164 Or. App. 11

Hugh MULLER, an individual, Respondent, v. STATE of Oregon, acting By and Through the DEPARTMENT OF AGRICULTURE, Appellant.

Court of Appeals of Oregon.

Decided November 3, 1999.

Attorney(s) appearing for the Case

John T. Bagg, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Shay S. Scott, Portland, argued the cause for respondent. With him on the brief were Scott W. Horngren, Julie A. Weis, and Haglund & Kirtley.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

LANDAU, P.J.

Plaintiff initiated this negligence action against the Oregon Department of Agriculture (department), seeking damages for losses he suffered when the department denied his application to burn his grass seed fields. The department moved for dismissal of the action on the ground that exclusive review of its denial lies under the Administrative Procedure Act (APA), ORS 183.310 to 183.550. The trial court denied the motion. The matter went to trial, and plaintiff...

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