Case law

Opinions from 1658 to today.

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  • School District No. 48 v. Unified Sewerage Agency

    51 Or. App. 795 · Court of Appeals of Oregon · Apr 27, 1981

    Strawberry Hill 4-Wheelers v. Benton Co. Bd. of Comm., 287 Or 591, 603 , 601 P2d 769 (1979). … Brooks v. Dierker, 275 Or 619, 625 , 552 P2d 533 (1976); Strawberry Hill 4-Wheelers v. Benton Co. Bd. of Comm., supra; Jordan v. City Council of Lake Oswego, 49 Or App 31, 36 , 618 P2d 1298 (1980); Caldwell v.

    Cited 2 timesPublished
  • Scheidemantel v. State Accident Insurance Fund Corp.

    68 Or. App. 822 · Court of Appeals of Oregon · Jun 27, 1984

    The Board agreed. … We do not read the Board’s order as shifting the burden of proof.

    Modified by Scheidemantel v. State Accident Insurance Fund Corp., 70 Or. App. 552 (1984)Cited 4 timesPublished
  • Christenson v. Thompson

    143 Or. App. 483 · Court of Appeals of Oregon · Sep 11, 1996

    Meadows v. Schiedler, 143 Or App 213 , 924 P2d 314 (1996). The court erred in dismissing plaintiffs petition. … Reversed and remanded. 1 We have rejected plaintiffs argument made to the trial court that denial of direct judicial review of the Board’s decision violated ex post facto and due process protections. Shelby v.

    Cited 2 timesPublished
  • RSG Forest Products v. Jensen

    127 Or. App. 247 · Court of Appeals of Oregon · Apr 20, 1994

    Employer seeks review of the Board’s order. Employer contends that our decisions in Safeway Stores v. Owsley, 91 Or App 475 , 756 P2d 48 (1988), and Dawes v. … Notwithstanding our decision in Nix, employer argues that Safeway Stores v. Owsley, supra, and Dawes v. Summers, supra, require us to reverse the Board.

    Cited 2 timesPublished
  • Cantrell v. Employment Division

    24 Or. App. 215 · Court of Appeals of Oregon · Jan 26, 1976

    The Appeals Board heard the matter de novo on the record (Stevenson v. … In Fajardo v. Employment Division, 20 Or App 390, 394 , 532 P2d 29 (1975), and Fajardo v.

    Cited 19 timesPublished
  • Richey v. Barrett Business Services

    173 Or. App. 29 · Court of Appeals of Oregon · Mar 14, 2001

    The Board upheld the denial. … The Board then commented that “[t]he expert medical opinion must evaluate the relative contribution of each cause. Dietz v. Ramuda, 130 Or App 397 [, 882 P2d 618 ] (1994), rev dismissed 321 Or 416 (1995).”

    Cited 1 timesPublished
  • Allied Structural v. CCB

    311 Or. App. 40 · Court of Appeals of Oregon · May 5, 2021

    ORS 701.098(1) states at its start that “[t]he Construction Contractors Board may revoke, suspend or refuse to issue or reissue a license and the board may assess 60 Allied Structural v. … See State v.

    Cited 0 timesPublished
  • Card v. Flegel

    26 Or. App. 783 · Court of Appeals of Oregon · Sep 13, 1976

    Petitioner sought judicial review of the Board’s decision in circuit court on December 3,1973. … Racing Com., 215 Or 76, 79 , 332 P2d 634 (1958) (quoting State ex rel. v. Grand Jury, 37 Or 542 , 62 P 208 (1900)).

    Cited 5 timesPublished
  • Norman v. Armenakis

    150 Or. App. 363 · Court of Appeals of Oregon · Oct 1, 1997

    Cited 0 timesPublished
  • Hoke v. Libby, McNeil & Libby

    73 Or. App. 44 · Court of Appeals of Oregon · Apr 3, 1985

    ORS 656.273(1); Brewer v. SAIF, 59 Or App 87, 89-90 , 650 P2d 947 (1982). … Garbutt v. SAIF, supra.

    Cited 8 timesPublished
  • O'ROURKE v. Union County

    217 Or. App. 1 · Court of Appeals of Oregon · Dec 19, 2007

    See Don’t Waste Oregon Com. v. Energy Facility Siting, 320 Or 132 , 881 P2d 119 (1994); Bruce v. … Affirmed. 1 Accordingly, Wal-Mart Stores, Inc. v. City of Central Point, 341 Or 393 , 144 P3d 914 (2006), a case on which petitioner relies, is distinguishable.

    Cited 2 timesPublished
  • Liberty Northwest Ins. Corp. v. Potts

    119 Or. App. 252 · Court of Appeals of Oregon · Apr 21, 1993

    The Board was not required to address the other factors. 2 Affirmed. 1 ORS 701.025 was renumbered ORS 670.600 in 1991. 2 Liberty relies on Timberline Lodge v. Kyle, 97 Or App 239 , 775 P2d 899 (1989). … We remanded the case, because the Board had not made specific findings as to some of the required factors.

    Cited 3 timesPublished
  • Bloomfield v. Employment Division

    25 Or. App. 771 · Court of Appeals of Oregon · Jun 21, 1976

    In addition, the board apparently did not consider claimant’s tes *775 timony that she did not have the financial ability to continue in her employment. Claimant’s testimony is not contradicted. In Grigsby v. … The board evidently relied on the forms and ignored claimant’s testimony. In Evjen v.

    Cited 3 timesPublished
  • Alanis v. Barrett Business Services

    179 Or. App. 79 · Court of Appeals of Oregon · Jan 23, 2002

    In Hernandez v. … In construing the administrative rule, we apply the same analytical framework applicable to the construction of statutes, PGE v.

    Cited 4 timesPublished
  • Petshow v. Portland Bottling Co.

    62 Or. App. 614 · Court of Appeals of Oregon · Apr 13, 1983

    See Jackson v. … In Smith v.

    Cited 4 timesPublished
  • State v. Jenks

    43 Or. App. 221 · Court of Appeals of Oregon · Nov 13, 1979

    Defendant argues that holding him after the period or arraignment 1 had expired constituted an unlawful letention and that, therefore, pursuant to Brown v. … See State v. Shipley, 232 Or 354 , 375 P2d 237 (1962), cert den 374 US 811 , 83 S Ct 1701 , 10 L Ed 2d 1034 (1963); State v. Sunderland, 4 Or App 1 , 468 P2d 900 , 476 P2d 563 (1970).

    Cited 4 timesPublished
  • Thornsberry v. SAIF Corp.

    57 Or. App. 413 · Court of Appeals of Oregon · May 12, 1982

    By the enactment of the 1965 Act, those powers, except the function of an insurer, were transferred to the Workmen’s Compensation Board. See former ORS 656.278, 656.708, 656.726. See also McDowell v. … Board.

    Cited 2 timesPublished
  • State v. Logan

    273 Or. App. 323 · Court of Appeals of Oregon · Aug 26, 2015

    State v. Brown, 272 Or App 424, 428 , 355 P3d 216 (2015). … Brown, 272 Or App at 435 (failure to give Leistiko instruction is not plain error under OEC 404(4)); State v.

    Cited 1 timesPublished
  • King v. W. T. F.

    276 Or. App. 533 · Court of Appeals of Oregon · Feb 18, 2016

    Brown v. Roach, 249 Or App 579, 583 , 277 P3d 628 (2012) (internal quotation marks omitted). … Brown, 249 Or App at 586 .

    Cited 20 timesPublished
  • Boyce v. Umpqua Community College

    67 Or. App. 629 · Court of Appeals of Oregon · Apr 11, 1984

    See Yartzoff v. Democrat-Herald Publishing Co., 281 Or 651 , 576 P2d 356 (1978). … The controlling statute in Welo v. Dist. Sch. Bd., Dist.

    Cited 1 timesPublished

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