J. R. Simplot Co. v. Department of Agriculture

Petitioner J. R. Simplot Company (Simplot) seeks judicial review of an order of the Oregon Department of Agriculture (department), which denied a refund of inspection fees that Simplot had paid to the department. The Court of Appeals affirmed that order, holding that ORS 293.445(2) contains a three-year limitations period that had expired and thus barred the department from providing Simplot a refund. We affirm the Court of Appeals, but we do so on different grounds.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Simplot’s primary complaint is that the department overcharged it for inspecting…