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STATE EX REL. GARDNER v. CITY OF SALEM

05C18435; A135218.

219 P.3d 32 (2009)

231 Or. App. 127

STATE of Oregon, acting by and through Dan GARDNER, in his capacity as Commissioner of the Oregon Bureau of Labor and Industries, Plaintiff-Appellant, v. CITY OF SALEM; The Salem Group LLC; Rushforth Construction, Inc.; Webb Industries, Inc., dba Smith Sheet Metal; Commercial Erectors Co., Inc.; Dalke Construction Co., Inc.; Davies, Inc., dba Dallas Glass, dba Dallas Glass and Window; Delta Drywall, Inc.; Tapani Plumbing, Inc.; ENT Electric, Inc.; Anning-Johnson Company; Flexforce, Inc.; Gun-Crete Cement Company, dba Cascade Pools; Gypsum Technologies, Inc.; Jet Heating, Inc.; Labor Ready Northwest, Inc.; Modernfold Northwest, Inc., dba Interior Technology; Norkote, Inc., fka Northwest Fireproofing, Inc.; Paragon Tile and Stone, Inc.; Potma Peter, dba Amtop Enterprises; and Tahoma Painting, Inc., Defendants, and Urban Renewal Agency of the City of Salem, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 30, 2009.

Attorney(s) appearing for the Case

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for appellant. On the briefs were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Richard D. Wasserman, Attorney-in-Charge.

William F. Gary, Eugene, argued the cause for respondent. With him on the brief were Sharon A. Rudnick, Jillian R. Bruce, Sivhwa Go, and Harrang Long Gary Rudnick P.C.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Judge.

EDMONDS, P.J.

The Commissioner of the Bureau of Labor and Industries (BOLI) filed this action against the Urban Renewal Agency of the City of Salem (Urban Renewal) and others, alleging that workers who performed construction on a hotel were not paid prevailing wages under Oregon's Prevailing Wage Rate Law, former ORS 279.348 to 279.380.1 After the parties filed cross-motions for summary...

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