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COATS v. ODOT

(TC 97CV0285MS; CA A105379; SC S48298).

54 P.3d 610 (2002)

334 Or. 587

R. L. COATS, Respondent on Review, v. STATE of Oregon acting by and through its Department of Transportation and by and through its Bureau of Labor and Industries, Petitioner on Review.

Supreme Court of Oregon.

Decided September 26, 2002.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for petitioner on review. Denise G. Fjordbeck, Assistant Attorney General, filed the brief. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Martin E. Hansen, of Karnopp, Petersen, Noteboom, Hansen, Arnett & Sayett, LLP, Bend, argued the cause and filed the brief for respondent on review. With him on the brief was Josh Newton.

Before Carson, Chief Justice, and Gillette, Durham, Leeson, Riggs, and Balmer, Justices.

BALMER, J.

This case presents the question whether, in a breach of contract action, a circuit court has subject matter jurisdiction to review the validity of agency rules that the parties have incorporated as contract terms. The Court of Appeals assumed without discussion that the circuit court has such jurisdiction. Coats v. ODOT, 170 Or.App. 32, 11 P.3d 258 (2000). We conclude that, although...

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