Case law

Venture Properties, Inc. v. Parker

223 Or. App. 321 · Court of Appeals of Oregon · Oct 29, 2008

The evidence in the record clearly establishes that defendant had received notices from both DSL and the Corps that his wetlands activities had violated the federal Clean Water Act and the state *353 Removal-Fill Law. … ODFW, 166 Or App 660, 666 , 2 P3d 921 (2000) (unless immunity defense could be established on the face of the plaintiffs complaint, it was not a proper subject of an ORCP 21 dismissal). 4 Here, defendant apparently is attempting

State v. Grey

175 Or. App. 235 · Court of Appeals of Oregon · Jul 5, 2001

Not with this witness, I don’t think, because I don’t know what you can establish with this witness. … We review determinations of whether evidence qualifies for admission for errors of law. State v. Arellano, 149 Or App 86, 90 , 941 P2d 1089 (1997), rev dismissed 327 Or 555 (1998).

Oregon Restaurant Services, Inc. v. Oregon State Lottery

199 Or. App. 545 · Court of Appeals of Oregon · May 18, 2005

ORS 183.480(3), however, qualifies that conferral of jurisdiction: “No action or suit shall be maintained as to the validity of any agency order except a final order as provided in this section and ORS 183.482, 183.484, 183.490 … In every case, the use of the term “sales” clearly refers to actual exchanges for money, not the value of gifts or gratuities.

State v. Johnson

328 Or. App. 340 · Court of Appeals of Oregon · Sep 27, 2023

The trial court denied the MJOA, conclud- ing that the evidence was sufficient to establish the elements of each offense. … As discussed above, a qualifying threat under Rangel must “instill[ ] in the addressee a fear of imminent and serious personal violence from the speaker.” Rangel, 328 Or at 303.

Oregon, State Highway Com'n v. DeLong Corp.

9 Or. App. 550 · Court of Appeals of Oregon · Apr 7, 1972

Glen Paxson, a highly qualified former deputy state highway engineer with over 40 years’ experience in bridge construction. … have been used, but all agreed that one tremie pipe was clearly not enough.

Knepper v. Brown

182 Or. App. 597 · Court of Appeals of Oregon · Jul 17, 2002

American Academy of Cosmetic Surgery (AACS), alleging in pertinent part that AACS had falsely implied that its members had certain qualifications and skills, thus misleading patients into believing that its members were as qualified … We went on to quote a further example of attenuated “but for” causation insufficient to establish damages for fraud, quoting from William L.

State v. Adams

340 Or. App. 661 · Court of Appeals of Oregon · May 29, 2025

And that’s basically establishing your best known match for this particular firearm.” … “In order to qualify as science, a proposition ‘must be derived by the scientific method.’

State v. RY

211 Or. App. 298 · Court of Appeals of Oregon · Mar 14, 2007

In isolation — and notwithstanding the qualifying “if you would please” — that statement *307 could reasonably be understood as a command. … Gladden, the record establishes that Guinto never responded to Bennett’s requests for consent by refusing consent.

State Ex Rel. State Office for Services to Children & Families v. Freeman

174 Or. App. 194 · Court of Appeals of Oregon · May 9, 2001

He hopes to rely on his parents to provide a temporary guardianship until he can get “better established.” … Thus, the evidence clearly and convincingly demonstrates father’s parental unfitness.

Schwartz v. Washington County

Court of Appeals of Oregon · May 1, 2024

“The analytical process for determining whether state law preempts a local law in Oregon is well established.” Owen v. City of Portland, 368 Or 661, 667, 497 P3d 1216 (2021). … Washington County a particular field, it knows how clearly to do so.” AT&T Communications v.

State v. Roden

296 Or. App. 604 · Court of Appeals of Oregon · Mar 20, 2019

Because no one tested EW for MRSA or other infections, defendant attempted to establish her infection indirectly. … The trial court and the parties understood that ruling to apply broadly, permitting other similarly qualified doctors to testify on the matter.

State v. M. T. F.

326 Or. App. 371 · Court of Appeals of Oregon · Jun 14, 2023

However, as we explain more below, in the particular and unique circumstances of this case, we deem it appropriate to make an exception to the well-established rule that “an issue raised for the first time in an appellant … Cite as 326 Or App 371 (2023) 383 As we stated so clearly in State v.

State Ex Rel. Juvenile Department v. Grannis

67 Or. App. 565 · Court of Appeals of Oregon · Apr 11, 1984

She established that she is indigent and requested appointment of counsel at a preliminary hearing before a referee and at a pretrial conference with a deputy district attorney and a juvenile court caseworker. … Cupp, supra, clearly limits the award of attorney fees to instances where it is specifically authorized by statute.

State v. Maynard

168 Or. App. 118 · Court of Appeals of Oregon · May 31, 2000

We agree with the Court of Appeals[’] majority that, without more, that territorial statute did not sufficiently and clearly establish an historical exception within which the statute under review * * * could be said ‘wholly … The limitation of Robertson’s unique historical exception analysis to a narrow band of wrongs, with clearly established elements that describe specific prohibitions, avoids the even more artificial process of distillation

Safeco Ins. v. AMERICAN HARDWARE MUT. INS.

169 Or. App. 405 · Court of Appeals of Oregon · Aug 30, 2000

set of criteria established by the director by rule." … This clearly was not contemplated by the legislature as evidenced by a clear reading of the statute.

In the Matter of Marriage of Reaves

236 Or. App. 313 · Court of Appeals of Oregon · Jul 28, 2010

In Gillis, the husband made voluntary contributions to a qualified retirement plan. … Clearly, without spousal support, she cannot continue to make ends meet, while husband enjoys ample income to continue to contribute to wife’s needs.

Murphy v. Board of Parole

241 Or. App. 177 · Court of Appeals of Oregon · Feb 23, 2011

Hessman denied petitioner's request for an attorney, asserting that he did not qualify as indigent. … We conclude that petitioner has failed to establish that the board's error was not harmless.

W. States Petroleum Ass'n v. Envtl. Quality Comm'n

296 Or. App. 298 · Court of Appeals of Oregon · Feb 27, 2019

In Marbet , the Supreme Court noted its concern that it was "doubly important that non-professional agency heads not think of their staff as the agency and themselves as a reviewing body, but rather understand clearly that … The issue of what qualifies as a tax was not debated before the voters.

Western Alliance Corp. v. Western Reliance Corp.

57 Or. App. 263 · Court of Appeals of Oregon · May 4, 1982

At trial, Richard Cincotta qualified, without objection, as an expert witness “in the area of the practices of the VSI insurance business in the state of Oregon.” … The salary arrangement established in our letter of December 3rd, concluded effective January 15, 1976. “2.

State v. James

159 Or. App. 502 · Court of Appeals of Oregon · Apr 14, 1999

correct conclusion, even applying the more recent analyses of the United States Supreme Court. 3 We turn first to the Halper analysis, on which the trial court relied, and to the later United States Supreme Court case law qualifying … [m] what was clearly inte ded as a civil remedy into a *509 criminal penalty.’