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HAYES OYSTER COMPANY v. DEPARTMENT OF AGRICULTURE

No. A177893.

333 Or. App. 133 (2024)

HAYES OYSTER COMPANY, Plaintiff-Appellant, v. OREGON DEPARTMENT OF AGRICULTURE and Alexis M. Taylor, in her official capacity as Director, Defendants-Respondents.

Court of Appeals of Oregon.

June 12, 2024.

Attorney(s) appearing for the Case

Thomas R. Benke argued the cause and filed the briefs for appellant.

Jona J. Maukonen , Assistant Attorney General, argued the cause for respondents. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Ortega, Presiding Judge, and Powers, Judge, and Hellman, Judge.

ORTEGA, P. J.

Reversed and remanded on ORS 183.490 claim; otherwise affirmed.

Hayes Oyster Company (Hayes) filed a petition in the circuit court under ORS 183.484 for review of an order from the Oregon Department of Agriculture that denied Hayes's petition for the promulgation of a rule, ORS 183.390, to implement a...

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