Case law

Bowlin v. Deschutes County

91 Or. App. 155 · Court of Appeals of Oregon · May 11, 1988

Petitioner seeks review of the circuit court’s affirmance of a Deschutes County Board of Commissioners’ (Commissioners) order. … Gordon v. Clackamas County, 73 Or App 16 , 698 P2d 49 (1985). The Commissioners interpreted “livestock” to include llamas.

Trevino v. State Accident Insurance Fund Corp.

66 Or. App. 410 · Court of Appeals of Oregon · Jan 11, 1984

The Board affirmed. … Blair v. SAIF, 21 Or App 229 , 534 P2d 523 (1975).

State v. Washington

561 P.2d 644 · Court of Appeals of Oregon · Mar 21, 1977

While I think State v. Mancuso, 25 Or. … NOTES [1] See State v. Brown, 262 Or. 442 , 497 P.2d 1191 (1972); State of Oregon v. McCormack, 8 Or. 236 (1880). See also Ashe v. Swenson, 397 U.S. 436 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 (1970). [2] In State v.

Bialostosky v. Cummings

319 Or. App. 352 · Court of Appeals of Oregon · Apr 27, 2022

Jordan v. MVD, 308 Or 433, 438, 781 P2d 1203 (1989). … American Civil Liberties Union v. City of Eugene, 360 Or 269, 281, 380 P3d 281 (2016) (citing MacEwan v.

Utrera v. Dept. of General Services

89 Or. App. 114 · Court of Appeals of Oregon · Dec 30, 1987

Rogers v. Tri-Met, 75 Or App 470 , 706 P2d 209 (1985). … Scheuning v. J. R. Simplot & Company, 84 Or App 622 , 735 P2d 1 , rev den 303 Or 590 (1987). Reversed and remanded.

Rundell v. State Accident Insurance Fund

12 Or. App. 258 · Court of Appeals of Oregon · Feb 20, 1973

Surratt v. Gunderson Bros., supra. … As we pointed out in Ford v.

South Lane County School District 45-J3 v. Arms

186 Or. App. 361 · Court of Appeals of Oregon · Feb 12, 2003

. *364 On judicial review, employer’s sole assignment of error is that the board erred in rescinding employer’s notice of closure based on insufficient impairment findings. … We address each argument in turn. *365 Employer first argues that, under Ball v. The Halton Co., 167 Or App 468 , 6 P3d 1106 (2000), rev den, 331 Or 583 (2001), the board lacked authority to rescind the closure.

Hupp v. Schumacher

29 Or. App. 9 · Court of Appeals of Oregon · Apr 4, 1977

In Harrison v. … Carson Admx. v.

Gould v. Deschutes County

227 Or. App. 601 · Court of Appeals of Oregon · Apr 22, 2009

Gould v. Deschutes County, 57 Or LUBA 403 (2008). … Instead, under Meyer v.

Hutchinson v. Louisiana-Pacific Corp.

81 Or. App. 162 · Court of Appeals of Oregon · Sep 10, 1986

We affirmed the Board’s decision without opinion. Petitioner points out that, under Spivey v. SAIF, 79 Or App 568 , 720 P2d 755 (1986), he is entitled to attorney fees. … Spivey v. SAIF, supra. Reconsideration allowed; reversed and remanded for determination of attorney fees; otherwise affirmed.

Hayden v. Workers' Compensation Department

77 Or. App. 328 · Court of Appeals of Oregon · Jan 29, 1986

In SAIF v. … We held in Schlect v.

Green v. Douglas County

245 Or. App. 430 · Court of Appeals of Oregon · Sep 8, 2011

(quoting Weeks v. … See Gould v.

Griffin v. Employment Division

55 Or. App. 768 · Court of Appeals of Oregon · Feb 2, 1982

Our conclusion that the referee’s analysis was fatally flawed requires a remand to the Board. See, e.g., Martinez v. Employment Division, 54 Or App 95 , 634 P2d 269 (1981). … Petitioner sought review by the Employment Appeals Board (Board) which, with one member dissenting, adopted the referee’s opinion. Our discussion of the case will utilize the referee’s opinion as the operative document.

Giblin v. Johnson

165 Or. App. 50 · Court of Appeals of Oregon · Jan 12, 2000

Weidner v. Armenakis, 154 Or App 12, 17-18 , 959 P2d 623 , withdrawn by order July 31, 1998, reasoning reaffirmed and adopted Merrill v. … The state relies on Hibbard v. Board of Parole, 144 Or App 82, 88 , 925 P2d 910 (1996), vacated 327 Or 594 , 965 P2d 1022 (1998) (vacated in light of Noble v. Board of Parole, 327 Or 485 , 964 P2d 990 (1998)).

SAIF Corp. v. Otwell

251 Or. App. 704 · Court of Appeals of Oregon · Aug 15, 2012

The administrative law judge (ALJ) affirmed the order on reconsideration, and SAIF requested board review of the ALJ’s decision. See ORS 656.289(3) (providing for board review of ALJ orders pursuant to ORS 656.295). … For example, in SAIF v.

Ladd v. Hikes

55 Or. App. 801 · Court of Appeals of Oregon · Feb 2, 1982

With him on the brief was Flinn, Brown & Roseta, Eugene. Before BUTTLER, P.J., WARDEN, J., and HOLMAN, Senior Judge. [*] HOLMAN, Senior Judge. … See, e.g., North Pacific Lumber Co. v.

State ex rel. Willamette Community Health Solutions v. Lane County

274 Or. App. 545 · Court of Appeals of Oregon · Oct 28, 2015

Springfield Utility Board v. Emerald PUD, 339 Or 631, 642 , 125 P3d 740 (2005). That principle of statutory construction, however, is not a rule of law, but merely a guide to determining the legislature’s intent. … Columbia River Television v. Multnomah Co., 299 Or 325, 333 , 702 P2d 1065 (1985).

Henthorn v. Grand Prairie School District, No. 14

44 Or. App. 215 · Court of Appeals of Oregon · Jan 28, 1980

, "[w]ere review limited to the record, plaintiff would be denied any possibility of showing these procedural irregularities” which were encompassed by her petition for the writ. 3 She points to this language from Bienz v. … If that is true, then she was denied the opportunity guaranteed her by ORS 342.835(2) to be heard on the bases for the "cause [the district Board] may deem in good faith sufficient [to] refuse to renew” her contract.

Helmer v. State Accident Insurance Fund

17 Or. App. 448 · Court of Appeals of Oregon · May 20, 1974

Sahnow v. Fireman’s Fund Ins. Co., 3 Or App 164 , 470 P2d 378 (1970), aff'd 260 Or 564 , 491 P2d 997 (1971).” Cardwell v. SAIF, 6 Or App 175, 180 , 486 P2d 587 , Sup Ct review denied (1971). … See Schwehn v. SAIF, 17 Or App 50, 520 P2d 467 , Sup Ct review denied (1974). Reversed.

Rivera v. City of Gresham

157 Or. App. 199 · Court of Appeals of Oregon · Nov 18, 1998

When confronted with terms of art, the board may be entitled to consult reference works to the extent that the information in them otherwise would be subject to judicial notice. SAIF v. … Bend Millwork v. Dept. of Revenue, 285 Or 577, 584 , 592 P2d 986 (1979); see also Creasey v. Hogan, 292 Or 154, 169 , 637 P2d 114 (1981).