Case law

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.

Department of Land Conservation & Development v. Yamhill County

99 Or. App. 441 · Court of Appeals of Oregon · Nov 22, 1989

The rules clearly recognize that the opposite may also be true. … It categorically subordinates all historic resources, or at least all otherwise qualified landmarks, to any owner’s preference for non-regulation.

Lewis & Clark College v. Commission

3 Or. Tax 429 · Oregon Tax Court · May 20, 1969

The evidence clearly supports the plaintiff’s contention that the residence is used primarily for the benefit of the college and that its use is reasonably necessary for the fulfillment of the functions of the college. … However, the decision herein makes it unnecessary to decide if plaintiff qualifies for such exemption under ORS 307.145.

Pacific Title & Trust Co. v. Sargent

73 Or. 485 · Oregon Supreme Court · Oct 24, 1914

incorporation to discharge any duty, office or position of trust, and any corporation organized under Section 1 of this act shall be known as a trust company; and it shall be lawful for any trust company which shall have qualified … But, if the acts alleged do not come clearly within the prohibition of the statute, its scope will not be extended to include other offenses than those which are clearly described and provided for; and, if there is a fair

Hickey v. Riley

177 Or. 321 · Oregon Supreme Court · Sep 6, 1945

The constitutional questions which have not been argued have nevertheless had our attention, but as to them the asserted unconstitutionality does not appear so clearly upon the face of the ordinances as to require a departure … Clearly, the ordinance has for its purpose the regulation of a perplexing problem to cities and towns, created largely by the advent of motor vehicles.” In Wilhoit v. City of Springfield, supra ( 237 Mo.

O'Donnell v. Oregon Department of Corrections

District Court, D. Oregon · Jul 31, 2025

. § 1997e(a), and Eleventh Amendment immunity. (Defs.’ Mot Summ. J. (Defs.’ Mot.), ECF No. 36.) … Because the record clearly demonstrates that Donnell brings his § 1983 claims against defendants in their individual capacities, defendants’ Eleventh Amendment immunity argument is inapt.

Walden v. Hernandez

District Court, D. Oregon · Oct 28, 2024

As explained further below, the Court finds each of Plaintiffs’ allegations “clearly baseless.” Denton, 504 U.S. at 33. 1. … Waco, 502 U.S. 9, 11 (1991) (“[J]udicial immunity is an immunity from suit, not just from ultimate assessment of damages[,]” and “is not overcome by allegations of bad faith or malice[.]”); Stump v.

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.

Piedmont Plaza Investors v. Department of Revenue

14 Or. Tax 440 · Oregon Tax Court · Dec 29, 1998

Such properties may be sold only to “qualified purchasers.” … That clearly removed some valuable rights, at least temporarily.

Collins v. Commission

3 Or. Tax 275 · Oregon Tax Court · Sep 25, 1968

Since no citizen enjoys immunity from that burden, its retroactive imposition does not necessarily infringe due process, and to challenge the present tax it is not enough to point out that the taxable event, the receipt of … However, the 1967 amendment by its terms was clearly intended to be retroactive to July 1, 1965.

United States v. Colasanti

282 F. Supp. 3d 1213 · District Court, D. Oregon · Sep 26, 2017

July 21, 2017) ("The only right recognized in Johnson was established in its holding."). … Since the Supreme Court has clearly held that the commentary to the mandatory Guidelines is authoritative, Stinson v.

Larson v. Heintz Construction Co.

219 Or. 25 · Oregon Supreme Court · Oct 30, 1959

In the absence of contract, warning signs or flagmen would clearly not be required by law at the entrance to this quarry road. … We think that those terms clearly *56 contemplate this kind of obstruction and that the more general terms are to be read as ejusdem generis.

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.

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).

Chapman v. River

100 Or. 43 · Oregon Supreme Court · Mar 29, 1921

“It is a well-settled rule of construction of grants by the legislature to corporations * * that only such powers * * can be exercised under them as are clearly comprehended within the words of the act”: Corvallis v. … The first is, that the council must appoint persons who are qualified, and their record must show the facts.” In Bewley v. Graves, 17 Or. 274, 283 ( 20 Pac. 322, 326 ), Mr.

Matter of Marriage of Menard

180 Or. App. 181 · Court of Appeals of Oregon · Mar 13, 2002

WIFE’S CLAIM TO A SHARE OF HUSBAND’S VSI The terms of the dissolution judgment, in context, clearly state that wife is entitled to 25 percent of husband’s VSI. … Because the dissolution judgment clearly entitles wife to a 25 percent portion of husband’s VSI, husband can prevail only by establishing that the court lacked authority to make that award.

Hughes v. Flemming

195 F. Supp. 724 · District Court, D. Oregon · Jul 10, 1961

Plaintiff’s applications to establish a period of disability and for disability insurance benefits were filed on January 23, 1959. … In conclusion, the Court finds that the -decision of the hearing examiner (the Secretary’s “final decision”) is clearly erroneous, that his findings of fact, insofar as they would support denial of the disability claim, are

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

Rogers v. Lane County

307 Or. 534 · Oregon Supreme Court · Mar 21, 1989

Clearly, even the majority believes that the constitutional language will permit funds to be used for parking spaces at the side of a highway, street or road. … Even narrowly construing the authorizing language of Article IX, section 3a, I cannot see a principled justification or explanation for distinguishing between use of road tax funds for this purpose and their use for establishing

Whitlock v. State Industrial Accident Commission

233 Or. 166 · Oregon Supreme Court · Dec 31, 1962

The Wests, who the plaintiff alleges were his employers, owned an establishment located on the Mt. *168 Hood Loop Highway known as Summit. House. It is patronized by skiers. … The question presented by this appeal is whether the plaintiff qualifies as an employee under the Workmen’s Compensation Act and is thus entitled to benefits thereunder.