Alto v. State Fire Marshal

The dispositive issue in this case is whether the circuit court had subject matter jurisdiction to consider plaintiffs’ challenge to administrative rules brought pursuant to the Uniform Declaratory Judgment Act, ORS 28.010 et seq. Defendants 2 argue that the Court of Appeals has exclusive jurisdiction pursuant to ORS 183.400(1). 3 The circuit court ruled that it had jurisdiction, and the Court of Appeals affirmed. Alto v. State Fire Marshal, 121 Or App 543, 855 P2d 649 (1993). For the reasons that follow, we reverse.

Plaintiffs are owners, operators, or employees of retail gas stations that…