Case law

Moss v. Peoples California Hydro-Electric Corp.

134 Or. 227 · Oregon Supreme Court · Mar 7, 1930

The value thus established was not a personal one but a commercial one recognized by the market. … In an action of this character, where treble damages lend to the proceeding a punitive character, the above evidence was clearly prejudicial to the defendant’s case.

Stovall v. State of Oregon

324 Or. 92 · Oregon Supreme Court · Aug 29, 1996

This is an untenable solution and one that clearly would not have been intended by the legislature. … As a matter of law, local defendants have failed to establish the second element.

McCann v. Oregon Railway & Navigation Co.

13 Or. 455 · Oregon Supreme Court · May 26, 1886

I do not think that the city of Astoria had any authority over the subject beyond that of establishing the wharf line. … The appellant’s counsel concedes that, though he maintains that he had no other right than to build out from the shore; but chapter 63, Miscellaneous Laws, clearly authorizes shore-owners in incorporated towns to construct

Cooke v. King

154 Or. 621 · Oregon Supreme Court · Sep 16, 1936

The ultimate beneficiaries were clearly designated and the bequests or devises to them definitely indicated. … In the case at bar an effort is made by the plaintiffs to establish a will other than and different from that executed by the testators.

In re Riggs

105 Or. 531 · Oregon Supreme Court · Jun 6, 1922

Thereupon, on the final hearing, the court established and defined the boundaries of the proposed district, designated the name of the district, established a convenient number of election precincts and defined the boundaries … This affidavit clearly establishes that A. Whisnant was both “publisher” and “printer” of “The Bend Press.” We not only have the proof of publication of a lawful notice, but that proof is made by a competent witness.

In re the Constitutionality of the Oregon Mass Transportation Financing Authority

284 Or. 241 · Oregon Supreme Court · Nov 15, 1978

The Act, briefly summarized, creates the Oregon Mass Transportation Financing Authority and authorizes the Authority to assist mass transit districts established under ORS 267.010 to 267.390 in financing transit facilities … The petitioner, Walsh Construction Co., is a builder of low-income housing and as such is eligible to become a 'qualified housing sponsor’ as defined in ORS 456.615 (14).

Brooks Resources Corp. v. Department of Revenue

286 Or. 499 · Oregon Supreme Court · Jun 5, 1979

Mason’s credentials as a golf pro appear unassailable, there is no indication that he would qualify as an expert witness in accounting or real estate appraising. … Shields did not establish any rule of law to govern cases, such as the present one, which involve entirely different facts.

Eugene Sand & Gravel, Inc. v. City of Eugene

276 Or. 1007 · Oregon Supreme Court · Dec 16, 1976

The test of "purpose,” "primary effect” and "entanglement. ” The test established by the Supreme Court of the United States for application in determining whether a law is constitutional under the First Amendment "Establishment … in determining whether the "Establishment Clause” of the Constitution of the United States has been violated.

Board of Medical Examiners v. Mintz

233 Or. 441 · Oregon Supreme Court · Feb 20, 1963

The court adopted the view expressed in an earlier case that “the standards of conduct generally accepted by practitioners in the State of New York are not so indefinite that they cannot be determined by qualified persons … The act of procuring an abortion contrary to the provisions of ORS 677.190 (2) is clearly unpro *449 fessional conduct. ⑨ The charge against defendant is that he “did administer * * * drugs or substances * * * for the purpose

State v. Serrano

346 Or. 311 · Oregon Supreme Court · Jun 25, 2009

CONCLUSION In summary, wife’s notes to defendant qualified as confidential communications within the meaning of OEC 505(l)(a). … However, the evidence at the hearing established that wife had written two notes on different occasions and established the full extent of the content of the various communications that we analyze below. 4 The testimonial

Burkitt v. School District No. 1

195 Or. 471 · Oregon Supreme Court · Jul 3, 1952

In doing so, however, it will be kept in mind that the local board is the final authority so long as it acts in good faith and refrains from adopting regulations which are clearly arbitrary or unreasonable. … law for the establishment of a uniform and general system of common schools.”

Schomp v. Brown

215 Or. 714 · Oregon Supreme Court · Mar 4, 1959

Brown is subject *722 to a trust or in anywise limit or qualify the very apparent absolute fee which she received under Article IV, it would result in creating a repugnancy which in turn would render Article IX void. … Under the design established by Article IX the extent of the estate of the last spouse dying cannot be determined before the date of his or her death.

Automobile Club v. State of Oregon

314 Or. 479 · Oregon Supreme Court · Oct 29, 1992

The fund clearly does not provide for *491 construction, improvement, repair, maintenance, or use of highways. … See ORS 184.733 (establishing and describing purposes of the fund). B. Is the Fee a “Tax or Excise”?

BAYRIDGE ASSO. LTD. PART. v. Dept. of Rev.

321 Or. 21 · Oregon Supreme Court · Apr 21, 1995

A zoning ordinance is clearly a "governmental restriction as to use * * * under applicable law[.]" … When the landowner's property is downzoned he qualifies for a property tax credit."

Jordan v. Motor Vehicles Division

308 Or. 433 · Oregon Supreme Court · Oct 26, 1989

Because, as I would hold, the exemption requires that public disclosure itself rather than use of the information must qualify as an invasion of privacy, this second test also describes categories of information rather than … Her affidavit filed in the trial court sufficiently established that disclosure to the requester would more likely than not unreasonably invade her privacy because providing the information would allow Jordan to harry her

In Re Complaint as to the Conduct of Gatti

330 Or. 517 · Oregon Supreme Court · Aug 17, 2000

When the litigation is over, the courts will clearly have identified who has been ethical and who has not. … raised the immunity issue in these proceedings.”

State v. Gates

104 Or. 112 · Oregon Supreme Court · Apr 27, 1922

Commission may Establish Deadlines. … Obviously the word “stocked” did not *126 relate back to and qualify the word “salmon.” The words are “any salmon,” and they include all salmon.

In Re Potts

301 Or. 57 · Oregon Supreme Court · Apr 29, 1986

In attorney discipline cases, the Bar bears the burden of establishing each element of an ethics violation by clear and convincing evidence. … He relied on a single magazine article and his own intuition to establish his fee.

State v. Sunbeam Rebekah Lodge No. 180

169 Or. 253 · Oregon Supreme Court · May 5, 1942

The last will of James Eddie, executed June 12, 1931, was admitted to probate August 10, 1940; and the defendant Swayze, named in the will as executor thereof, was appointed as such executor and duly qualified. '■ The first … What was intended by the inexpertly written sections 2, 3 and 4, above quoted, is clearly shown by the statement of objects and purposes of Eebekah lodges set forth on page 7 of the Eebekah Lodge Eitual handbook, thus: “The

Richardson v. Railway Express Agency, Inc.

258 Or. 170 · Oregon Supreme Court · Mar 10, 1971

on acceptance, the court expressly found (at p 389) that “the very purpose of the agreement was the delivery of the seed to Eudy-Patrick for the purpose of testing,” for “unloading and testing,” and that “EudyPatrick was clearly … collection from Crone before delivery, so that in advance of payment Crone was not a party entitled to possession of the goods, whereas “in the present case Georgia-Pacific’s right to possession at the time of delivery was not qualified