Case law

Kuang v. Kuang

336 Or. App. 168 · Court of Appeals of Oregon · Nov 14, 2024

“A marriage solemnized in Oregon is clearly void if either party to the mar- riage had a then-living husband or wife.” Id. (citing ORS 106.020). … And Tina clearly understood that she had that obligation, arguing in her reply brief that Yan 182 Kuang v.

State v. Anderson

329 Or. App. 754 · Court of Appeals of Oregon · Dec 28, 2023

There is no threshold distance beyond which defendant was required to move J to qualify that movement as “asporta- tion” under the kidnapping statute. … Mere proximity to the use of force against an object is not, in and of itself, enough to establish menacing.

Elsasser v. M.P.R. Construction Corp.

39 Or. App. 715 · Court of Appeals of Oregon · Apr 23, 1979

MPR was to qualify for a development loan from Oregon Mutual Savings Bank within 60 days, was to obtain no later than May 18, 1976, all permits and approvals to develop the lots, and was to furnish First National Bank a financial … We construe this letter as tendering payment of $60,000; clearly it was not an offer to pay the development and other costs established at trial as being a part of the agreement, as modified.

Varro and Varro

300 Or. App. 716 · Court of Appeals of Oregon · Nov 27, 2019

The judgment was clearly reached from that standpoint and point of view. “[Husband’s] position is that she is now employed as anticipated and that support should be ended. … Husband argues that wife’s employment “qualifies as a substantial change in economic circumstances for the purposes of modifying the Transitional Spousal Support.”

Kuang v. Kuang

336 Or. App. 168 · Court of Appeals of Oregon · Nov 14, 2024

“A marriage solemnized in Oregon is clearly void if either party to the mar- riage had a then-living husband or wife.” Id. (citing ORS 106.020). … And Tina clearly understood that she had that obligation, arguing in her reply brief that Yan 182 Kuang v.

Shell v. Schollander Companies

265 Or. App. 624 · Court of Appeals of Oregon · Sep 24, 2014

First, she argues that Lozano establishes that ORS 12.135 applies to construction defect claims brought by a “contractee,” and that she is one. … That text clearly reinforces our opinion in Lozano .

Eden Gate, Inc. v. D&L Excavating & Trucking, Inc.

178 Or. App. 610 · Court of Appeals of Oregon · Jan 9, 2002

Clearly, the purpose of the contract is to bring the property into compliance with DEQ regulations. … In general, a decision that one party does not qualify for a declaratory judgment stating a conclusion does not invariably imply that the opposite conclusion has been proved.

Weitman Excavation, LLC v. CPM Development Corp.

276 Or. App. 583 · Court of Appeals of Oregon · Feb 24, 2016

See ORS 36.700; ORS 36.705; ORS 36.710; ORS 36.715 (establishing procedure and conditions for judicial confirmation, modification, or vacation of an arbitration award). … It does not extend to the attorney fees directly incurred in the predicate arbitration proceeding, which *591 decidedly does not qualify as a “judicial proceeding.”

Ross v. Hill

235 Or. App. 340 · Court of Appeals of Oregon · May 19, 2010

Clearly, in light of White and Barrett , the two kidnapping convictions in this case should have merged. As we have noted, the state concedes that much. … the Supreme Court’s prior case law: “Barnum appears, without explanation, to authorize multiple convictions and punishments even though the defendant’s conduct violated only one statutory provision and does not otherwise qualify

Doe v. Medford School District 549C

232 Or. App. 38 · Court of Appeals of Oregon · Nov 18, 2009

term to mean “[t]o establish by law; to perform or effect; to decree”). … Although a working firearm certainly qualifies as a dangerous or deadly weapon, it does not necessarily follow that a dangerous or deadly weapon is a firearm.

Schmidt v. Archdiocese of Portland

218 Or. App. 661 · Court of Appeals of Oregon · Mar 19, 2008

In Chaffin , the court held: *701 “[A]n act by a parent, whether described as willful or malicious or wanton, which will pierce the veil of parental immunity, is an act which is done with an intention to injure the child … See Wal-Mart Stores, Inc., 341 Or at 398 (referring to Black’s Law Dictionary to determine the well-established legal meaning of the term “service”).

State v. Dowty

299 Or. App. 762 · Court of Appeals of Oregon · Oct 9, 2019

He further argued that the photographs contained in Exhibit 4 do not qualify as pornographic “literature” and there was no evidence of movies or videos. … Even after the court clearly expressed its intention to rely on the 772 State v.

Graziano v. City Council of Canby

35 Or. App. 271 · Court of Appeals of Oregon · Jul 18, 1978

Appointed officers shall hold their office during the pleasure of the Council or until their successors are appointed and qualified. … On the interpretation of the charter, I am not quite satisfied that the majority clearly states my view.

State Ex Rel. Fox v. Hicks

69 Or. App. 348 · Court of Appeals of Oregon · Aug 8, 1984

. * * * Further, because of its recognized capacity to definitively exclude a high percentage of falsely accused putative fathers, the availability of scientific blood test evidence clearly would be a valuable procedural … In Oregon, the state notes, the proponent of paternity has the burden of establishing the allegation, and there is no burden placed on the putative father to disprove paternity.

Morse v. Oregon Division of State Lands

34 Or. App. 853 · Court of Appeals of Oregon · Jun 14, 1978

ORS 541.605 through 541.665 establishes procedures for the administration of the fill and removal permit program. … Such title included a full fee simple interest, historically called jus privatum, which was qualified by a public trust or jus publicum.

Fechtig v. City of Albany

150 Or. App. 10 · Court of Appeals of Oregon · Sep 17, 1997

LUBA concluded that the local interpretation was not “clearly wrong” and, accordingly, could not be reversed consistently with Clark v. Jackson County, 313 Or 508 , 836 P2d 710 (1992). … Among other *25 things, it was the Act that established LUBA as a permanent body, after the two previous legislatures had provided for its temporary or “sunsetted” existence.

Maxwell v. Lane County

178 Or. App. 210 · Court of Appeals of Oregon · Nov 28, 2001

Finally, as a factual matter, there is a road bisecting tax lot 905 that was not vacated by the establishment of another road. … In accomplishing those purposes, the order merely uses the term “parcel” without defining or qualifying it in any way.

Hardy v. State Land Board

274 Or. App. 262 · Court of Appeals of Oregon · Oct 14, 2015

The state’s general thesis is that the phrasing “useful in establishing the exact location of the state claim,” read in context and in light of the statute’s legislative history, establishes that the legislature intended … The second sentence of the statute qualifies that requirement further, providing that, although the description need not use “legal terms,” it must, “by the use of common descriptions or maps *** be designed to identify *

Britton v. Board of Podiatry Examiners

53 Or. App. 544 · Court of Appeals of Oregon · Aug 24, 1981

. *551 ORS 682.110 provides: "The board, after due hearing, may refuse to grant or reregister and may suspend or revoke any license issued under this chapter to a person, otherwise qualified, who: "(1) Obtained such license … Where, however, gross negligence is sought to be established by recurrent negligent acts or omissions, the standard becomes virtually identical to "repeated negligence.”

Seiu v. Das

54 P.3d 1043 · Court of Appeals of Oregon · Sep 25, 2002

We stated: "[T]he legislature established a detailed scheme for implementing reductions in teaching staffs. … The doctrine of the last antecedent, however, provides: "`Referential and qualifying words and phrases, where no contrary intention appears, refer solely to the last antecedent.