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STATE, BY & THROUGH HALEY v. CITY OF TROUTDALE

576 P.2d 1238 (1978)

281 Or. 203

STATE of Oregon, Acting BY and THROUGH Sam HALEY, Acting Director, Department of Commerce, Respondent, v. CITY OF TROUTDALE, a Municipal Corporation, R.M. Sturges, Mayor of the City of Troutdale, and Milton R. Emerson, City Administrator, City Engineer and Building Official, City of Troutdale, Petitioners.

Supreme Court of Oregon, In Banc.

Decided January 31, 1978.

Attorney(s) appearing for the Case

Brian J. Freeman of Young & Freeman, Gresham, argued the cause and filed briefs for petitioners.

Al J. Laue, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen.

Willard E. Fox of Allen, Stortz, Barlow & Fox, Salem, filed a brief for Oregon State Homebuilders Association as amicus curiae.

Orval H. Etter and Stanton F. Long of Johnson, Harrang & Mercer, Eugene, for the City of Eugene and Sp. Counsel for the Cities of Beaverton, Gladstone, Gresham, Medford, Milwaukie, Salem, Sandy, and West Linn, and Washington County, filed a brief as amici curiae.

LINDE, Justice.

The City of Troutdale asks us to reverse a decree enjoining it from enforcing a provision of a city building code ordinance which is more stringent than a corresponding provision of regulations promulgated by the state Director of Commerce.

The legislative assembly in 1973 authorized the Director to promulgate a state building code. Or. Laws 1973, ch. 834, codified in ORS 456.750 — 456.890. Pursuant to this enactment, the Director...

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