Oregon Trucking Assns. v. Dept. of Transportation

Under ORS 366.395(1) the Department of Transportation may sell property that is, in the opinion of the department, no longer needed, required, or useful for department purposes.

Oregon Department of Transportation (ODOT) and the Department of Administrative Services (DAS) appealed declaratory judgment that declared ODOT lacked authority to enter into an agreement granting DAS exclusive license to sell electronic access to driver records. ODOT and DAS assigned error to the trial court’s grant of Plaintiff’s motion for partial summary judgment and denial of Defendants’ cross-motion for summary judgment. On appeal, ODOT and DAS argued ORS 366.395(1) - (2) grants ODOT authority to make the agreement with DAS. Under ORS 366.395(1) the Department of Transportation may sell non-real property that is, in the opinion of the department, no longer needed, required, or useful for department purposes. The Court of Appeals held that ODOT is statutorily authorized to make the agreement and permitted to sell access to driver records because ODOT may use its discretion to determine whether the exclusive license was no longer needed, required, or useful. Reversed and remanded.