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CITY OF PORTLAND v. BUILDING CODES DIV.

A168754.

496 P.3d 1108 (2021)

313 Or. App. 93

The CITY OF PORTLAND, Petitioner, v. BUILDING CODES DIVISION, a Department of Consumer and Business Services, Respondent.

Court of Appeals of Oregon.

July 8, 2021.

Attorney(s) appearing for the Case

Denis M. Vannier argued the cause for petitioner. Also on the reply brief was YoungWoo Joh.

Christopher Page , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

The City of Portland seeks judicial review of a final order of the Director of the Department of Consumer and Business Services, Building Codes Division (BCD).1 The BCD concluded that a provision of Oregon's building code preempted a city ordinance requiring high-occupancy nightclubs to have fire sprinklers...

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