Case law

Petersen v. MAYOR ETC. CITY OF KLAMATH FALLS

279 Or. 249 · Oregon Supreme Court · Jul 20, 1977

Because annexation ordinances relate directly to the Urbanization Goal, they clearly appear to be subject to LCDC review under this statute. … Proponents of the annexation seek to establish a 55-acre mobile home park and an 86-acre subdivision of half-acre lots.

State v. Hirsch/Friend

338 Or. 622 · Oregon Supreme Court · Jun 23, 2005

State of Oregon, 306 Or 529, 533-34 , 761 P2d 502 (1988) (although unavailability of post-conviction relief to persons convicted of municipal ordinance violations did not in itself contravene equal privilege and immunities … Article I, section 27, clearly guarantees the right to bear arms for purposes of defense — specifically, “for the defence of [the people] themselves, and the State.”

Dawson v. Croisan

18 Or. 431 · Oregon Supreme Court · Feb 11, 1890

His liabilities in the main -were probably in favor of Portland merchants, and I suppose they insisted upon his appointing the appellant, a resident of Portland, his assignee; at all events he did so appoint him. and he qualified … This conclusion is clearly sustained by the same author. He says, on page 556 of the work referred to, as follows: ‘ ‘ The available remedy in equity, when any is admissible, is commonly that by injunction.

State Ex Rel Chapman v. Appling

220 Or. 41 · Oregon Supreme Court · Jan 20, 1960

We will discuss this contention in the light of certain well-established principles, namely, (1) that a state constitution does not confer power on the legislature, but is a limitation on power, and therefore it is competent … Words which have no well established technical or legal signification are to be given their plain, natural and ordinary meaning. A constitution is dependent upon ratification by the people.

Phipps v. Willis

53 Or. 190 · Oregon Supreme Court · Jul 21, 1908

It is the general rule that the party, alleging and relying upon the charge of fraud, takes upon himself the burden of proof, and must clearly establish every necessary element thereof. 6 Enc. … Nor is direct and positive proof essential to the establishment of fraud.

State Ex Rel. Blackledge v. Latourette

186 Or. 84 · Oregon Supreme Court · Feb 23, 1949

The Commission stated: “It has been applicant’s practice since establishment of its Kansas City and St. Louis routes to move empty vehicles from Kansas City to St. Louis, or from St. Louis to Kansas City, over TJ. S. … A., § 321(c), is sweeping and is free from qualifying passages.

Brown v. Gatti

341 Or. 452 · Oregon Supreme Court · Oct 12, 2006

In determining whether a statement is capable of a defamatory meaning, moreover, courts must be careful not to tread on the jury’s role as the finder of fact: *460 “ ‘In many cases imputations are so clearly innocent that … In particular, the immediately preceding sentence appears to us to establish that Gatti meant only that Brown was not board certified as a plastic surgeon: “The award disappointed the woman’s lawyer, who was seeking more

General Electric Co. v. Wattle

207 Or. 302 · Oregon Supreme Court · Apr 18, 1956

The defendant was not a party to any of such contracts, but he had express notice of their existence and of the minimum prices thereby established. … This statute clearly violates the provisions of the due-process clause of the Constitution of the State of Georgia.” See also Grayson-Robinson Stores, Inc. v. Oneida Ltd., 209 Ga 613, 75 SE2d 161, 165 ; Harris v.

State Highway Commission v. Parker

225 Or. 143 · Oregon Supreme Court · Dec 7, 1960

We now quote from the decision: “Were witnesses Pierce and Liley qualified to testify to the value of land? … In order to establish the amount payable the city called one J. L. Pettinger, an expert.

In re Ellis / Rosenbaum

Oregon Supreme Court · Feb 20, 2015

See 356 Or at 746 n 45 (noting requirements for immunity or nonprosecution agreement). … It was the document production itself—not necessarily the accuseds’ participation in the production—that most clearly had potential adverse consequences to the Daltry and Samper.

Methodist Book Concern v. State Tax Commission

186 Or. 585 · Oregon Supreme Court · May 18, 1949

And such exemptions are not ordinarily construed as applying to institutions established for the purpose of bestowing charity outside the limits of the state granting the exemption. … Prom the evidence it clearly appears that there is no authority vested in any person or corporation located in Oregon to determine the disposition of the net proceeds from the plaintiff corporation.

Marshall v. Martinson

268 Or. 46 · Oregon Supreme Court · Feb 14, 1974

established.” … Under these facts, we agree with the holding of the trial judge to the effect that a lapse of four hours between recording of the data and the time of the accident was too long a period to qualify this evidence as relevant

WITHERS v. Reed

194 Or. 541 · Oregon Supreme Court · Apr 16, 1952

The rule of state immunity from general legislation was not discussed either in the briefs or in the opinion of the court in the Hawk case. … Outside of incorporated cities and towns, the establishment of public parks is largely, if not wholly, a state function.

Kumli v. Southern Pacific Co.

21 Or. 505 · Oregon Supreme Court · Jan 11, 1892

It must be made clearly to appear that upon the evidence the court ought to have found the juror had formed such an opinion that he could not in law be deemed impartial. … The language of their examination is qualified and considerate, and is not that of positive men, hasty to judge and prompt to condemn, but rather that of honest, careful, conscientious men, fair, open, and candid, with an

General Electric Credit Corp. v. State Tax Commission

231 Or. 570 · Oregon Supreme Court · Aug 14, 1962

National banks were established by the National Bank Act of 1864. June 3, 1864, chapter 106, 13 Stat 99. … Thus, any company which could qualify as a financial corporation would naturally do so.

Garbarino v. VAN CLEAVE

214 Or. 554 · Oregon Supreme Court · Sep 24, 1958

The rule of the civil law regarding surface waters is now firmly established as the law of Oregon. In Street v. … It was clearly established that there were extended periods of unusually heavy precipitation during the winter.

Dunkelberger v. American Mail Line, Ltd.

230 Or. 1 · Oregon Supreme Court · Dec 13, 1961

It follows that when the jury found for the defendant, they determined an issue of fact which conclusively established that defendant was not negligent, since there could be no negligence without an affirmative finding on … The application of such a standard to confused and conflicting evidence is clearly for the jury in a state case. 46 USCA, § 688. Had Poignant v.

Vannatta v. Keisling

324 Or. 514 · Oregon Supreme Court · Feb 6, 1997

We do not say that all influence obtained by contributions and expenditures is immune from permissibly being regulated or prohibited as harmful. … Nixon, 72 F3d 633 (8th Cir 1995), cert den_US_, 116 S Ct 2579 , 135 L Ed 2d 1094 (1996) (both so holding). 10 We qualify our statement with the limiting word, “many,” because there doubtless are ways of supplying things of

Willis v. Winters

350 Or. 299 · Oregon Supreme Court · May 19, 2011

Although the United States Constitution establishes the supremacy of the federal government in most respects, it reserves to the states certain powers that are at the core of state sovereignty. … Those arguments clearly are directed at this court’s decision in Emerald-Steel, which held that a provision of the Oregon Medical Marijuana Act that “affirmatively authorized” the possession of marijuana for medical uses

Eklof v. Persson

369 Or. 531 · Oregon Supreme Court · Apr 21, 2022

The state reasoned that, in this case, petitioner was required to “allege and prove facts establishing that she could not reasonably have raised [her] claims in a timely post-conviction proceeding— that is, establishing that … See OEC 201(b).4 As with the above questions, the text and con- text of ORCP 23 A do not clearly resolve the issue, other than directing us to the broad requirements of “justice.”