Case law

Bridgeview Vineyards, Inc. v. State Land Board

211 Or. App. 251 · Court of Appeals of Oregon · Mar 14, 2007

He stated: “Small-scale gravel removal from salmon-bearing streams is clearly detrimental to the recovery of some of our depressed salmon stocks and anadromous fisheries in many cases. … A work group was established to address their concerns.

Emerald Steel Fabricators, Inc. v. Bureau of Labor & Industries

220 Or. App. 423 · Court of Appeals of Oregon · Jun 11, 2008

Board of Parole, 206 Or App 353, 366 , 138 P3d 16 (2006) (“The preservation requirements established in ORAP 5.45(1) apply to petitions for review of agency action.”). We agree with BOLI. … Article I, section 20, of the Oregon Constitution provides that “[n]o law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all

STATE EX REL. JUV. DEPT. v. Smith

205 Or. App. 152 · Court of Appeals of Oregon · Apr 19, 2006

The decision to seek a guardian for purposes of making health care decisions is clearly a "decision concerning [T] of substantial legal significance." … Brad Lechman-Su is qualified, suitable and willing to serve as the guardian[.]"

Canvasser Services, Inc. v. Employment Department

163 Or. App. 270 · Court of Appeals of Oregon · Oct 13, 1999

listed in section (8) had been met in order to qualify the circulators as independent contractors. … The circulators who testified at the hearing clearly did not have independently established businesses of the same nature as *281 signature gathering; one was a child-care provider, and the other did advertising work.

PNW Metal Recycling, Inc. v. DEQ

317 Or. App. 207 · Court of Appeals of Oregon · Jan 26, 2022

The memorandum thus acknowledged that established DEQ practice was to interpret the auto dismantler exemption to apply to an entire facility, not just the auto dismantling activities within that facility, and proposed changing … We are thus able to clearly identify the rule without sifting through extensive policies or transcripts. Smith 2019, 300 Or App at 311.

Deupree v. State

173 Or. App. 623 · Court of Appeals of Oregon · Apr 25, 2001

However, an abutting property owner’s common-law right to public road access is qualified by the state’s inherent power to protect the public safety, convenience, and welfare. Gruner, 96 Or App at 697 . … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Holger v. Irish

113 Or. App. 290 · Court of Appeals of Oregon · Jun 3, 1992

Although May endorses the surgeon accountability doctrine, the endorsement is qualified. The holding states an exception, and the opinion also questions the underpinnings of the doctrine. … It suggests both that the abolition of charitable immunity for hospitals and the increasing complexity of modern operating procedures that render total control by a surgeon over all assistants’ activities incompatible with

State v. Bolger

31 Or. App. 565 · Court of Appeals of Oregon · Nov 7, 1977

The testimony, however, did establish that defendant had been in the neighborhood the day of the night that the words were painted. … The inference that the writing was done as revenge for the arrest of defendant’s friend is clearly permissible. The argument in this case was in response to defendant’s argument that no motive had been shown.

Towner v. Bernardo/Silverton Health

304 Or. App. 397 · Court of Appeals of Oregon · May 28, 2020

A reasonable factfinder could also find that plain- tiff has established the second element of apparent agency, reasonable reliance. … This is not an issue of absolute immunity as the hospital itself is not immune from negligence lawsuits.7 It is also not an issue where it is impossible for a plaintiff, because a plaintiff can rely on documents other than

State v. Headings

140 Or. App. 421 · Court of Appeals of Oregon · Apr 17, 1996

Consequently, she believed that appellant would qualify for food stamps if she were to apply again. Appellant has received mental health treatment at Northeast Mental Health, and more recently at Kaiser Permanente. … All that that testimony establishes is that appellant relied on her daughter to deal with the loss of the daughter’s food stamps.

State v. Taylor

315 Or. App. 608 · Court of Appeals of Oregon · Nov 17, 2021

Thus, we conclude that the evidence does not qualify as plan evidence under a “preparatory step” or “trial run” theory. … As the court explained, ‘[a] simple, unremarkable single instance of prior conduct probably will not qualify, but a complex act requiring several steps, particularly pre- meditated, may well qualify.’ Id.”

State v. Riggins

180 Or. App. 525 · Court of Appeals of Oregon · Apr 10, 2002

I think it’s not qualifi[ed] based on parental income and then a choice by the parent in essence not to hire an attorney. … A Miranda waiver clearly would not suffice for such a purpose.

Sanchez v. State

272 Or. App. 226 · Court of Appeals of Oregon · Jul 8, 2015

However, the car was clearly sticking out into the roadway. (Ex 116) It was a hazard. Petitioner argues that Mr. Roloff and his son could have towed the car. … Indeed, the evidence shows that the vehicle was clearly protruding onto the lane of travel.

McKay Creek Valley Ass'n v. Washington County

114 Or. App. 95 · Court of Appeals of Oregon · Jul 8, 1992

It noted that, under an alternative approval standard in the ordinance, a parcel could qualify for a dwelling if farming operations on it had generated $10,000 in two of the past three years. … The language of the standard is clearly cast in the present tense, and it cannot be satisfied by a determination that a prospective use may reach that level in the future.

McGee v. Civil Service Board

211 Or. App. 149 · Court of Appeals of Oregon · Feb 28, 2007

Appointing authorities must appoint individuals to civil service positions from the list of qualified candidates. ORS 242.766(1). … The plaintiff argued that, because the city plainly qualified as a “political subdivision” to which the Act applied, the court should order the city to establish the civil service commission that the Act requires.

Welker Ex Rel. Bradbury v. Teacher Standards & Practices Commission

152 Or. App. 190 · Court of Appeals of Oregon · Jan 21, 1998

First, they encourage qualified persons to accept public employment. Second, they encourage the zealous execution of public functions, duties, and responsibilities. In Stevenson v. … “The California Supreme Court has pointed out that a comparable statutory indemnification scheme in that state substantially eliminates the concerns that support the doctrine of public employes’ immunity: “ * * The public

LaVoie v. Power Auto, Inc.

259 Or. App. 90 · Court of Appeals of Oregon · Oct 23, 2013

Thus, he was clearly aware that it was unreasonably dangerous to have that specific floor mat near the vehicle’s brake and accelerator pedals. … The affidavit or declaration shall be made in good faith based on admissible facts or opinions obtained from a qualified expert who has actually been retained by the attorney who is available and willing to testify and who

Buck v. Motor Vehicles Division

80 Or. App. 565 · Court of Appeals of Oregon · Aug 6, 1986

Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty … That limited information is not sufficient to allow a determination of whether the person could qualify for Oregon’s diversion program.

State Ex Rel. Juvenile Department v. Charles

70 Or. App. 10 · Court of Appeals of Oregon · Dec 18, 1984

Neither that provision, nor 25 USC § 1912 (a), 1 indicates clearly at what point in the proceedings counsel must be appointed. … The phrase ‘qualified expert witnesses’ is meant to apply to expertise beyond the normal social worker qualifications.” H.R. 1386, supra, at 22.

State v. Amoroso

336 Or. App. 732 · Court of Appeals of Oregon · Dec 11, 2024

Thus, we must interpret what the word “seal” means in OEC 902 and determine whether the proposed judgment’s stamp qualifies as such. … When the legislature uses legal terminology, we look to its “established legal meaning” in legal dictionaries. Id. (citing Comcast Corp., 356 Or at 296).