Muller v. State

Plaintiff initiated this negligence action against the Oregon Department of Agriculture (department), seeking damages for losses he suffered when the department denied his application to bum his grass seed fields. The department moved for dismissal of the action on the ground that exclusive review of its denial lies under the Administrative Procedure Act (APA), ORS 183.310 to ORS 183.550. The trial court denied the motion. The matter went to trial, and plaintiff obtained a judgment for damages. On appeal, the department argues, among other things, that the trial court erred in denying its…