Lone Oak Racing v. Oregon Racing Com'n

Defendant Oregon Racing Commission appeals from a judgment that awarded plaintiffs summary judgment on their first claim for declaratory relief under ORS 28.010 and declared plaintiffs’ rights under ORS 462.125(2). 1 ORCP 47. We remand for vacation of the judgment because we conclude that defendant had exclusive jurisdiction over the controversy that led to the declaratory judgment.

In January 1997, plaintiffs Lone Oak Racing, Inc. (Lone Oak) and the Oregon Horsemen’s Benevolent & Protective Association (HBPA) filed a complaint in circuit court for a declaratory judgment. As we understand it,…