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STUDOR, INC. v. STATE EX REL. DCBS

05C10821; A132692.

197 P.3d 554 (2008)

224 Or. App. 299

STUDOR, INC., Petitioner-Respondent, v. STATE of Oregon, by and through its DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, its Building Codes Division, its State Plumbing Board, and its State Residential Structures Board, Respondents-Appellants.

Court of Appeals of Oregon.

Decided December 3, 2008.

Attorney(s) appearing for the Case

Richard D. Wasserman, Attorney-in-Charge, Civil/Administrative Appeals Unit, argued the cause for appellants. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Willliams, Solicitor General.

John R. Osburn, Portland, argued the cause for respondent. With him on the brief were Lisa E. Lear and Bullivant Houser Bailey PC.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

This case presents three questions resulting from a state agency's decision not to amend the state building code: First, did the Marion County Circuit Court have jurisdiction to review the denial? Second, if so, did the circuit court correctly remand the agency's decision? Third, did the circuit court err in awarding petitioner $50,000 in attorney fees? We conclude that the circuit court lacked jurisdiction; a prerequisite to circuit court jurisdiction...

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