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CASCADE KELLY HOLDINGS v. DEPT. OF ENERGY

10C15088, 10C15089; A152224 (Control), A152225.

365 P.3d 603 (2015)

275 Or. App. 500

CASCADE KELLY HOLDINGS, LLC, Petitioner-Respondent, v. OREGON DEPARTMENT OF ENERGY; and Michael Kaplan, in his official capacity as Acting Director of Oregon Department of Energy, Respondents-Appellants.

Court of Appeals of Oregon.

Decided December 16, 2015.

Attorney(s) appearing for the Case

Stephanie L. Striffler, Assistant Attorney General, argued the cause for appellants. With her on the briefs were Mary H. Williams, Deputy Attorney General, Anna M. Joyce, Solicitor General, and Carson L. Whitehead, Assistant Attorney General.

Crystal S. Chase, Portland, argued the cause for respondent. With her on the brief were Per A. Ramfjord and Stoel Rives LLP.

Before ORTEGA, Presiding Judge, and DeVORE, Judge, and GARRETT, Judge.

In these consolidated cases, petitioner Cascade Kelly Holdings filed an action in the Circuit Court of Marion County under ORS 183.490 of the Administrative Procedures Act (APA) and an alternate claim for declaratory relief under ORS 28.010, seeking to compel the Oregon Department of Energy to certify that petitioner is entitled to claim...

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