Case law

City of Eugene v. Miller

318 Or. 480 · Oregon Supreme Court · Apr 7, 1994

Even structures and activities unquestionably devoted to constitutionally privileged purposes such as religion or free expression are not immune from regulations imposed for reasons other than the substance of their particular … Robertson, 293 Or 402 , 649 P2d 669 (1982), this court established a basic framework for determining whether a law violates Article I, section 8.

State v. Orueta

343 Or. 118 · Oregon Supreme Court · Jul 19, 2007

ORS 807.040(l)(g) provides that, in applying for an original commercial driver’s license, “the person must submit to the department, in a form approved by the department, the report of a medical examination that establishes … One of those requirements is that the applicant possess a current medical certificate showing that he or she is physically qualified to drive a commercial motor vehicle.

Olson v. River View Cemetery Ass'n

220 Or. 220 · Oregon Supreme Court · Feb 10, 1960

The basis for the demurrer was that the complaint then alleged sufficient facts to bring the defendant within the charitable immunity from tort liability. … statutes was to immunize the defendant from tort liability.

Tomasek v. Oregon State Highway Commission

196 Or. 120 · Oregon Supreme Court · Sep 24, 1952

Melver are, and with their predecessors in office, were the duly acting and qualified Highway Commission of the State of Oregon, and as such have and have had control over all matters pertaining to the selection, establishment … The contention that the city was immune to tort liability was sustained. This court has consistently held to that principle in the absence of waiver of immunity by statutory or charter provision.

Forrest v. Portland Ry. L. & P. Co.

64 Or. 240 · Oregon Supreme Court · Feb 18, 1913

Marsh, as indicated by the offer, was clearly admissible in the trial of the case. 2. It is urged, however, that the testimony sought to be adduced from Dr. … C., who is similarly qualified as a witness.”

Caruthers v. Kroger

348 Or. 269 · Oregon Supreme Court · Apr 29, 2010

Initiative and referendum petitions qualify for ballot only when they are signed by a sufficient number of qualified registered voters. … However, as the cases cited in the previous paragraph confirm, the ballot title must identify accurately and clearly the proposed measure's subject matter without deference to any distorted or politically charged terminology

Cowgill, Adm'r v. Boock, Adm'r

189 Or. 282 · Oregon Supreme Court · May 16, 1950

The coroner, after having qualified as an expert witness, testified that in his opinion the bodies had been dead at least two days. Mr. … “But there may be acts which clearly are not to be referred to such relation.

State v. Rogers

330 Or. 282 · Oregon Supreme Court · May 4, 2000

I have clearly proven to all [and] myself that I don’t belong in the free community and never do. … The Oregon Constitution establishes that right in conjunction with the right to be heard by counsel.

Harney Valley Irrigation District v. Weittenhiller

101 Or. 1 · Oregon Supreme Court · Jun 21, 1921

When an irrigation district is organized, it is authorized through its board of directors to acquire property for the purposes of its organization, to sue and be sued, to enforce and maintain its rights, privileges and immunities … as provided by this law, and they shall hold their offices, respectively, until their successors are elected and qualified.”

State v. Herrera

286 Or. 349 · Oregon Supreme Court · May 8, 1979

His guilt must be established at the trial by evidence that convinces a factfinder beyond a reasonable doubt. … Reversed and remanded for a new trial. 1 The immunity agreement stated in full: "CONDITIONAL IMMUNITY AGREEMENT "We, the undersigned, do hereby agree that STEVE LERMA shall be granted immunity for any criminal act in which

Comcast of Oregon II, Inc. v. City of Eugene

346 Or. 238 · Oregon Supreme Court · Jun 11, 2009

Cities in Oregon never have enjoyed a complete immunity equal to the state’s sovereign immunity. … In those earlier versions, the phrase clearly modified or explained the kind of‘claim’ for ‘damages’ to which it applied.

Cortez v. Nacco Material Handling Group

Oregon Supreme Court · Oct 2, 2014

We do not read the second sentence as establishing statutory immunity in that situation. … Because ORS 656.018 (2011) did not refer to both partners and directors, ORS 63.002(2) teaches that members and managers do not qualify for the immunity that ORS 656.018(3) (2011) extended to direc- tors.

State Ex Rel. Reed v. Schwab

287 Or. 411 · Oregon Supreme Court · Sep 25, 1979

the Court of Appeals by ORS 2.560(6), which provides: *414 "The Court of Appeals may make and enforce all rules necessary for the prompt and orderly dispatch of the business of the court * * We think the challenged rule clearly … ” clause of the fourteenth amendment to the United States Constitution. *417 Article I, Section 20 of the Oregon Constitution provides: "No law shall be passed granting to any citizen or class of citizens privileges, or immunities

Rogers v. Saylor

306 Or. 267 · Oregon Supreme Court · Jul 26, 1988

Among these the Court clearly included a Congressional intent to override any state law which conflicted with the remedies available under section 1983. “First, it might, of course, override certain kinds of state law. … The Court of Appeals concluded that neither section 1983 nor the cases construing it establish pre-emption of the Oregon statutory direction that its courts not award compensatory damages in excess of the OTCA limits or punitive

Varner v. Portland Trust Bank

210 Or. 658 · Oregon Supreme Court · Jul 3, 1957

But before he could qualify, he also died intesstate on the third of January, 1954, fourteen days after his wife. … Doody who are qualified under ORS 116.590, supra, to apply. The decree of the circuit court is affirmed. All parties to pay their own costs.

State v. Linville

127 Or. 565 · Oregon Supreme Court · Oct 30, 1928

It is the policy of the state to clothe its servants with official immunities when engaged in official acts. … The immunity belongs, not to the individual, but to the office, and it is the general rule that if the immunity is to be vindicated, the office must be proclaimed or made known by the officer, in order to punish a defendant

Cellers v. Meachem

49 Or. 186 · Oregon Supreme Court · Apr 9, 1907

Since the word “surety” can only affect the status of the makers of the note as between themselves, and as Lyons’ liability to the plaintiffs is the same as if he had signed the instrument without using the qualifying word … It is indicated in the title of the act under consideration that its purpose is “to establish a law uniform with the laws of other states on that subject.”

Thompson v. Coats

274 Or. 477 · Oregon Supreme Court · Mar 25, 1976

Pictures taken of the scene of the accident the day after it occurred showed clearly that there were no reflectorized guideposts along either side of the pavement and there was tes *481 timony that these pictures were an … the contract regarding completion of the contract and acceptance of the work by the Highway Commission are as follows: "105.01 Authority of the Engineer — * * * "Approval by the engineer signifies favorable opinion and qualified

State v. Langley

314 Or. 511 · Oregon Supreme Court · Oct 29, 1992

A “signature crime” is not established by this level of similarity. … Defendant also relies on the Due Process, Equal Protection, and Equal Privileges and Immunities Clauses of the United States Constitution.

Oregon Methodist Homes, Inc. v. State Tax Commission

226 Or. 298 · Oregon Supreme Court · Mar 1, 1961

Immunity from taxes on the ground of being a public charity is an affirmative defense and the burden of establishing the eleemosynary character of an institution is upon the party asserting it. Ackerman v. … For while it is now clearly established that a charity may carry on some commercial business without losing its exemption [citing authorities], we think it is equally clear that an organization of a commercial character which