Case law

State v. Yock

49 Or. App. 749 · Court of Appeals of Oregon · Dec 15, 1980

If any of the three is not established, the statutory claim under this subsection fails. State v. Knowles, supra. … Clearly defendant was not prosecuted twice for a single offense. The issue then is whether multiple prosecutions for separate offenses offends Article I, § 12. In State v.

Kilminster v. Day Management Corp.

133 Or. App. 159 · Court of Appeals of Oregon · Feb 22, 1995

In this case, the statutory source of the immunity is ORS 656.018. … In both cases, clearly there is no legal bar to bringing the action, but in both, the statutory immunity could be raised as a defense.

Northwest Advancement v. Bureau of Labor

96 Or. App. 133 · Court of Appeals of Oregon · Apr 12, 1989

Appellants argue that the statute only *139 authorizes WHC to establish suitable hours of employment, not to prohibit employment altogether. Again, we disagree. Appellants rely on Ore. Newspaper Pub. v. … Former OAR 839-21-107 provided that minors employed as newspaper carriers and newspaper vendors were not subject to the administrative regulations promulgated under ORS 653.305. 8 Exemption from regulation is clearly an immunity

Holdner v. Columbia County

51 Or. App. 605 · Court of Appeals of Oregon · Apr 13, 1981

The road repairs themselves were clearly discrete acts which ended more than two years before plaintiff brought his action and 180 days before he presented his notice. … It was not error for the trial court to strike the discretionary immunity defense.

State ex rel. Frohnmayer v. Freeman

131 Or. App. 336 · Court of Appeals of Oregon · Nov 16, 1994

. *343 Plaintiff also argues that defendants ‘ ‘failed to prove that OBCE’s action immunized them from UTPA liability.” … To be viable, the defense need not be sufficient to establish that OBCE’s action can or has immunized defendants from any possible exposure to UTPA liability — a proposition that we effectively rejected in Investigators,

Thomas Creek Lumber v. Dept. of Forestry

Court of Appeals of Oregon · Sep 27, 2023

We further reject plaintiff’s argument regarding the privileges and immunities clause. … way of necessity is established.”

Norwood v. Washington County

239 Or. App. 542 · Court of Appeals of Oregon · Dec 15, 2010

Plaintiffs argue that the summary judgment record before the court established that there are issues of fact about whether they qualify for a vested right and that they are not precluded from obtaining that relief as a matter … ‘When the dismissal of a declaratory judgment action was clearly based on a determination of the merits of the claim, however, our practice has been to review that determination as a matter of law and then remand for the

Schwerdt v. City of Corvallis

163 Or. App. 211 · Court of Appeals of Oregon · Oct 13, 1999

In general terms, the council concluded that the proposed hotel qualifies under applicable LDC provisions as a kind of “civic” use that is permitted in the OSU district. … Habitation’ and ‘Eating and Drinking Establishments’ are commercial use types, the City Council finds that they are also facilities and services customarily associated with major universities.

Lankford v. Commodore Corp.

92 Or. App. 622 · Court of Appeals of Oregon · Aug 24, 1988

No other persons who evaluated her found any job or vocation for which she was qualified and physically able to perform. … We disagree with the Board’s finding that claimant currently performs those duties in caring for her ex-husband, because the record clearly indicates that she does not.

Oregon School Activities Ass'n v. State Board of Education

244 Or. App. 506 · Court of Appeals of Oregon · Jul 27, 2011

Reynolds determined that C qualified as homeless under the McKinney-Vento Act and provided him with the mandated educational and support services. … And the undisputed facts establish that the only interscholastic meets, contests, or championships in which C participated during his senior year occurred on May 9 and May 13, after OSAA’s ruling was declared to be unlawful

BWK, Inc. v. Department of Administrative Services

231 Or. App. 214 · Court of Appeals of Oregon · Sep 30, 2009

of delivery and other relevant matters of procedure as shall be necessary to carry out the purposes of [the PDIA],” and “establish and publish a list of sources or potential sources of products produced by any qualified … ORS 279.845(2) provided: “The department shall establish and publish a list of sources or potential sources of products produced by any qualified nonprofit agency for disabled individuals and the services provided by any

Halvorson v. Sooy

99 Or. App. 255 · Court of Appeals of Oregon · Nov 8, 1989

In his opinion, the estate could qualify for a deferral of as much as 70 percent of the tax. … That advice should clearly have been in writing and was by examining the facts surrounding it, was probably — or was improper advice. * * * * “Q. All right.

Koch v. Spann

193 Or. App. 608 · Court of Appeals of Oregon · Jun 9, 2004

Nothing in the agreement qualifies the obligation to be responsible for “any damages to premises” and “to assume all liability for damages other than ordinary wear and tear.” (Emphasis added.) … Even if it were not precluded by the reasoning of existing precedent, the Sutton rule remains contrary to the presumption in Oregon that contracts do not create immunity from liability. See, e.g., Steele v. Mt.

Kerr v. Bradbury

193 Or. App. 304 · Court of Appeals of Oregon · May 5, 2004

Their general purposes are fairly well-established. … In a city, not more than 15 percent of the qualified voters may be required to propose legislation by the initiative, and not more than 10 percent of the qualified voters may be required to order a referendum on legislation

State v. Hogeland

285 Or. App. 108 · Court of Appeals of Oregon · Apr 26, 2017

McGarvey explained to defendant that “[T]he crime has already been established. * * * I establish the person and what they’ve committed at what level.” … In this case, defendant does not suggest that McGarvey expressly promised him .immunity from prosecution in exchange for a confession.

Daramola v. State

294 Or. App. 455 · Court of Appeals of Oregon · Oct 17, 2018

Kentucky , 559 U.S. 356 , 364, 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), his criminal defense counsel was constitutionally ineffective in failing to inform petitioner, clearly and without equivocation, that conviction of the … However, the record does not establish that the letter was the only advice as to asylum provided. To the contrary, it establishes the converse.

Olsen v. Deschutes County

204 Or. App. 7 · Court of Appeals of Oregon · Jan 25, 2006

under statutes establishing workers’ compensation remedies as exclusive, exhaustion requirements, and the sufficiency of evidence to establish an assault. … That language establishes that the legislature clearly and affirmatively expressed its intention that the statutory claim not supersede common-law claims. *17 Further, the legislative history indicates an intent to preserve

MacLean & Associates, Inc. v. American Guaranty Life Insurance

85 Or. App. 284 · Court of Appeals of Oregon · May 6, 1987

None of the evidence clearly indicates that either party intended that plaintiff would be obligated to provide any or all of those “optional” services. … We find no basis for concluding that the evidence, taken as a whole, is clearly insufficient to establish plaintiffs claim for lost profits.

Staats v. Newman

164 Or. App. 18 · Court of Appeals of Oregon · Nov 3, 1999

Clearly, the statement is dictum. … Equally clearly, the court was not describing the burden that applies to a water rights proceeding that is controlled by ORS 183.450(3), but, rather, was establishing a contrasting burden that applies “fi]n the circuit court

Brehm v. CATERPILLAR, INC.

235 Or. App. 274 · Court of Appeals of Oregon · May 12, 2010

There are several factors relevant to establishing an employment relationship under the “right to control test.” … Those factors include “whether the work at issue is a regular part of the employer’s business, whether the work is continuous or intermittent, and whether the duration of the work is such that it qualifies as hiring for a