PORTLAND DEVELOPMENT COMMISSION, Petitioner,
v.
STATE of Oregon, by and through BUREAU OF LABOR AND INDUSTRIES, Respondent.
Dan Gardner, in his capacity as Commissioner of the Bureau of Labor and Industries, Third-Party Petitioner-Appellant,
v.
Precision Construction Company; Aggressive Property Management, Inc., dba Northwest Infrastructure; DA Neal Construction, Inc.; Matrix Industries, Inc.; Concrete Sawing Co.; Reliable Fence & Construction, Inc.; Brian B. Park, dba Green Art Landscape & Irrigation; Ken Parker Mason Contractor, Inc.; Gary C. Hammack, dba Hammack Pacific Construction; Metro Interiors, Inc.; Reichle Incorporated; R & B Innovations in Wood, Inc.; Building Materials Specialties; Don's A-1 Glass, LLC; Floor Solutions, LLC; Rayborn's Plumbing, Inc.; HVAC Incorporated; Addison Global Interiors, Inc.; and Portland Development Commission, Third-Party Respondents-Respondents, and
Hal's Construction, Inc.; McDonald & Wetle, Inc.; EC Company; KSB Lock & Installation, Inc., and I.I.S, Inc., Third-Party Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted May 31, 2007.
Decided November 7, 2007.
Attorney(s) appearing for the Case
Richard D. Wasserman, Attorney-in-Charge, Civil/Administrative Appeals Unit, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
William F. Gary, Eugene, argued the cause for respondent Portland Development Commission. With him on the brief were Jillian R. Bruce, C. Robert Steringer, and Harrang Long Gary Rudnick P.C.
No appearance for respondent Precision Construction Company.
No appearance for respondents Da Neal Construction, Inc., and Concrete Sawing Co.
No appearance for respondent Rayborn's Plumbing, Inc.
No appearance for respondent Addison Global Interiors, Inc.
No appearance for respondents Aggressive Property Management, Inc., dba Northwest Infrastructure; Matrix Industries, Inc.; Reliable Fence & Construction, Inc.; Brian B. Park, dba Green Art Landscape & Irrigation; Ken Parker Mason Contractor, Inc.; Gary C. Hammack, dba Hammack Pacific Construction; Metro Interiors, Inc.; Reichle Incorporated; R & B Innovations in Wood, Inc.; Building Materials Specialties; Don's A-1 Glass, LLC; Floor Solutions, LLC; and HVAC Incorporated.
Before HASELTON, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.
Court of Appeals of Oregon.
HASELTON, P.J.
In this action involving enforcement of Oregon's Prevailing Wage Rate Law, former ORS 279.348-279.380 (2001), renumbered as ORS 279C.800-279C.870 (2003),1 Dan Gardner, in his capacity as Commissioner of the Bureau of Labor and Industries (BOLI), appeals, assigning error to the allowance of summary judgment in favor of the Portland Development Commission (PDC) and to the denial of Gardner's own cross-motion...
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