J. R. SIMPLOT CO. v. DEPT. OF AGRICULTURE

(ODA 2000-1; CA A118024; SC S52081).

131 P.3d 162 (2006)

340 Or. 188

J. R. SIMPLOT COMPANY, Petitioner on Review, v. DEPARTMENT OF AGRICULTURE, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided March 9, 2006.


Attorney(s) appearing for the Case

Christopher A. Rycewicz, of Rycewicz and Chenoweth, LLP, Portland, argued the cause and filed the brief for petitioner on review. With him on the brief was Christopher W. Rich.

Denise J. Fjordbeck, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review Oregon Department of Agriculture. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.


BALMER, J.

Petitioner J. R. Simplot Company (Simplot) seeks judicial review of an order of the Oregon Department of Agriculture (department), which denied a refund of inspection fees that Simplot had paid to the department. The Court of Appeals affirmed that order, holding that ORS 293.445(2) contains a three-year limitations period that had expired and thus barred the department from providing Simplot a refund. We affirm the Court of Appeals, but we do so on different...

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