Case law

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  • Culbertson v. Board of Parole

    336 Or. App. 630 · Court of Appeals of Oregon · Dec 4, 2024

    CULBERTSON, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent. … In Thomsen v.

    Cited 0 timesUnpublished
  • Schuening v. J.R. Simplot & Co.

    84 Or. App. 622 · Court of Appeals of Oregon · Apr 8, 1987

    See, e.g., Brown v. Jeld-Wen, Inc., 52 Or App 191 , 627 P2d 1291 (1981). 2 The referee stated that Graham’s report supported *626 the finding that claimant was medically stationary at the time of closure. … Mazama Plywood Co. v. Beattie, 62 Or App 355 , 661 P2d 109 (1983). 2 But see Martin v.

    Cited 10 timesPublished
  • State ex rel. Frohnmayer v. Consumer Sounding Board, Inc.

    114 Or. App. 41 · Court of Appeals of Oregon · Jul 8, 1992

    The court balanced defendant’s right to retain counsel of her choice against the state’s need to conclude the case in a timely manner, see State v. … See Oregon State Bar v. Gilchrist, 272 Or 552 , 538 P2d 913 (1975). The court did not err in holding her in contempt. Affirmed. This case is subject to the contempt laws before the 1991 amendments.

    Cited 0 timesPublished
  • Jones v. Thompson

    156 Or. App. 226 · Court of Appeals of Oregon · Sep 30, 1998

    Penrod/Brown v. Cupp, 283 Or 21 , 581 P2d 934 (1978); see also Payton v. … Also, our decision in Meriweather v. Board of Parole, 140 Or App 415 , 915 P2d 467 (1996), is instructive on the issue of mootness.

    Cited 24 timesPublished
  • Butte Creek School District No. 67J v. Clackamas County District Boundary Board

    88 Or. App. 89 · Court of Appeals of Oregon · Oct 21, 1987

    Here, Clackamas Board’s order became final on September 9, when Marion Board concurred. See Central School (Beaman I) v. Marion District (A42081), 88 Or App 85 , 744 P2d 284 (1987). … In this case, the letter of State Board, in conjunction with the documents attached to the petition for judicial review, might constitute a final order of State Board. See Standard Ins. Co. v.

    Cited 3 timesPublished
  • Slater v. SAIF Corp.

    287 Or. App. 84 · Court of Appeals of Oregon · Jul 26, 2017

    Brown v. SAIF, 361 Or 241, 250 , 391 P3d 773 (2017). … Brown, 361 Or at 272-73 .

    Cited 0 timesPublished
  • SAIF Corp. v. Severson

    105 Or. App. 67 · Court of Appeals of Oregon · Dec 26, 1990

    Our standard of review is explained in Brown v. Argonaut Insurance Company, 93 Or App 588, 591 , 763 P2d 408 (1988): “Whether a denial or delay is unreasonable involves both legal and factual questions. … ORS 183.482(8)(c); see also Williams v. SAIF, 31 Or App 1301, 1305 , 572 P2d 658 (1977).” The Board did apply the correct legal standard.

    Modified by SAIF Corp. v. Severson, 109 Or. App. 136 (1991)Cited 4 timesPublished
  • Haas v. Hathaway

    144 Or. App. 478 · Court of Appeals of Oregon · Nov 13, 1996

    Brown v. Cupp, 31 Or App 1237, 1241 , 572 P2d 1065 (1977). … Howard v. State Board of Parole, 105 Or App 288, 292 , 804 P2d 509 , rev den 311 Or 432 (1991).

    Cited 4 timesPublished
  • Cook v. Zenon

    107 Or. App. 26 · Court of Appeals of Oregon · May 1, 1991

    Plaintiff does not allege facts that show a “further imprisonment or restraint” under the first category in Penrod/Brown v. Cupp, 283 Or 21 , 581 P2d 934 (1978). Jones v. … See Miller v. Maass, 95 Or App 445, 447 , 769 P2d 788 (1989). *29 As to the other category of Penrod/Brown , plaintiff does not allege facts that, if true, require immediate judicial scrutiny.

    Cited 2 timesPublished
  • Gresham Grade School District No. 4 v. Employment Relations Board

    31 Or. App. 435 · Court of Appeals of Oregon · Oct 31, 1977

    Petitioner, Gresham Grade School District No. 4, appeals from an order of the Employment Relations Board that the district cease and desist from refusing to comply with an arbitrator’s award ordering the District to renew … Dist. v. ERB, 27 Or App 285 , 555 P2d 1269 , Sup Ct review denied (1976), and for reasons stated there, we affirm.

    Cited 0 timesPublished
  • Scheurer v. Board of Examiners in Speech Pathology & Audiology

    31 Or. App. 935 · Court of Appeals of Oregon · Dec 5, 1977

    The Board of Examiners is not required to promulgate rules defining the practice of audiology. Corcoran v. Bd. of Examiners, 25 Or App 749 , 550 P2d 1391 rev den (1976). See generally, Ward v. Ore. … State Bd. of Nursing, 266 Or 128 , 510 P2d 554 (1973); Board of Medical Examiners v. Mintz, 233 Or 441 , 378 P2d 945 (1963).

    Cited 0 timesPublished
  • Edwards v. Cavenham Forest Industries

    312 Or. App. 153 · Court of Appeals of Oregon · Jun 3, 2021

    The parties do not contest the board’s findings of historical fact. “We therefore take the facts from the board’s order, supplementing them with consistent facts from the record as necessary.” SAIF v. … See Brown v.

    Cited 1 timesPublished
  • Liston v. Board of Parole

    332 Or. App. 274 · Court of Appeals of Oregon · Apr 24, 2024

    We review the board’s order for legal error. Delavega v. Board of Parole, 222 Or App 161, 163, 194 P3d 159 (2008). … Board of Parole, 327 Or App 196, 532 P3d 1264, rev allowed, 371 Or 535 (2023), and Kragt v.

    Cited 0 timesUnpublished
  • Obray v. Board of Parole

    330 Or. App. 623 · Court of Appeals of Oregon · Feb 7, 2024

    We “review the board’s order to determine whether the board erroneously interpreted a provision of law.” Sohappy v. … Stewart v.

    Cited 0 timesUnpublished
  • Beamon v. SAIF

    350 Or. App. 415 · Court of Appeals of Oregon · Jun 10, 2026

    We review the board’s legal conclusions for errors of law, ORS 183.482(8)(a); Curry Educational Service Dist. v. … Pedro v. SAIF, 313 Or App 34, 39, 495 P3d 183 (2021) (citing ORS 656.005(7)(a) (B)). The “otherwise compensable injury” refers to a medical condition, not a work event or accident. Id. (citing Brown v.

    Cited 1 timesPublished
  • Miller v. Maass

    95 Or. App. 445 · Court of Appeals of Oregon · Mar 8, 1989

    Petitioner sought a writ of habeas corpus, alleging that his parole release date had been extended under ORS 144.125(3) and that he was denied constitutionally required treatment for the severe emotional condition that the Board … In Keenan v. Peterson, 307 Or 323 , 767 P2d 441 (1989), the court reiterated the criteria discussed in Penrod/Brown v. Cupp, 283 Or 21 , 581 P2d 934 (1978), for determining if a writ of habeas corpus should be allowed.

    Cited 6 timesPublished
  • Bird v. Employment Division

    22 Or. App. 385 · Court of Appeals of Oregon · Aug 25, 1975

    “DECISION: The referee, affirms the administrator’s decision * * The Employment Appeals- Board affirmed the referee. We find no error. See, Brown v. Employment Division, 22 Or App 382 , 539 P2d 666 (1975). Affirmed.

    Cited 3 timesPublished
  • Westside Neighborhood Quality Project, Inc. v. School District 4J Board of Directors

    58 Or. App. 154 · Court of Appeals of Oregon · Jul 8, 1982

    LUBA also relied on this court’s opinion in Jackson County v. … See also Jackson County v. Bear Creek Authority, 293 Or 121, 124, 128 , 645 P2d 532 (1982); Housing Council v. City of Lake Oswego, supra, 291 Or at 885 ; Petersen v. Klamath Falls, supra, 279 Or at 253-54 .

    Cited 3 timesPublished
  • State Ex Rel. Aspen Group, Inc. v. Washington County Board of Commissioners

    166 Or. App. 217 · Court of Appeals of Oregon · Mar 15, 2000

    State ex rel Aspen Group v. Washington County, 150 Or App 371, 378, 381 , 946 P2d 347 (1997), rev den 327 Or 82 (1998). … As we explained in State ex rel Coastal Management v.

    Cited 5 timesPublished
  • Bald-Eagle v. Board of Parole

    341 Or. App. 451 · Court of Appeals of Oregon · Jun 25, 2025

    Reversed and remanded. 452 Bald-Eagle v. Board of Parole EGAN, J. … Under our decisions in Thomsen v. Board of Parole, 333 Or App 703, 554 P3d 308, rev den, 373 Or 81 (2024), and Allen v.

    Cited 0 timesUnpublished

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