Case law

Lauderback v. Multnomah County

111 Or. 681 · Oregon Supreme Court · Jun 3, 1924

L., provides for the purpose of the act the county surveyor, roadmaster or any duly qualified deputy or assistant of whom an oath of office shall be required by law, shall be considered sworn upon qualifying for the duties … The affidavit, while it does not use the same language as found in the statute, clearly shows that one of the notices was posted at the place of holding the County Court. This is not questioned.

Industra/Matrix Joint Venture v. Pope & Talbot, Inc.

200 Or. App. 248 · Court of Appeals of Oregon · Jun 15, 2005

Thus, the initial clause establishes a broad range of arbitra-ble disputes. … It is undisputed that the contracts at issue in this case qualify.

State v. Milbradt

305 Or. 621 · Oregon Supreme Court · May 17, 1988

This is clearly recognized in the case of mental capacity.” … Defendant’s attempt to establish an alibi was frustrated because of the indefiniteness of the time of the assaults.

Handley v. Jackson

31 Or. 552 · Oregon Supreme Court · Nov 22, 1897

Let it suffice to say that there is a well-established and clearly-defined equitable jurisdiction which will enable courts of equity to restrain the enforcement of an unconscionable judgment or decree procured through fraud … However, the rule in nearly, if not all, those jurisdictions has latterly been mmh qualified, and disabused of its ancient rigor.

Vester v. DIAMOND LUMBER COMPANY

21 Or. App. 587 · Court of Appeals of Oregon · Jun 2, 1975

The evidence, including claimant’s own testimony, indicates that he is qualified by intelligence, aptitude and physical capability to perform light work in several fields, including refrigeration repair, welding, and operation … State Compensation Dept., 3 Or App 38 , 471 P2d 826 (1970), such, according to the medical testimony, is clearly not established here.

American Can Co. v. Oregon Liquor Control Commission

15 Or. App. 618 · Court of Appeals of Oregon · Dec 17, 1973

In addition, plaintiffs presented evidence of the activities of various civic organizations designed to alleviate the litter and solid waste problems, and the establishment in various places around the nation of resource … Co., supra, 393 US at 136 and 138-39, quoted above is clearly applicable.

Akiyama v. Tillamook County

333 Or. App. 315 · Court of Appeals of Oregon · Jun 26, 2024

For example, the ordinance limits the number of licenses to one per licensee,6 establishes geo- graphical subareas within the county and limits the number of licenses that may be issued for each subarea, establishes a density … limitation on the issuance of short-term rental licenses, and establishes a minimum rental rate require- ment to qualify for license renewal.

W. D. Miller Construction Co. v. Donald M. Drake Co.

221 Or. 249 · Oregon Supreme Court · Apr 13, 1960

Miller had not qualified as an expert. … Clearly it was not competent as a copy of the files of the Bureau of Yards and Docks, because not certified as required by the statute.

Mitchell Bros. Truck Lines v. United States

225 F. Supp. 755 · District Court, D. Oregon · Dec 20, 1963

, an abuse of discretion or otherwise not in accordance with law; or (2) contrary to constitutional right, power, privilege or immunity; or (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory … On this question, the Commission decided that commodities which were ordinarily used as “building materials” or “construction materials” (i. e. commodities on the so called “building material list” established by the Commission

Level 3 Communications LLC v. Dept. of Rev.

23 Or. Tax 87 · Oregon Tax Court · May 2, 2018

The parties are at odds over selection of the correct unit, and the instructions to Heaton clearly reflect Plaintiff’s legal position in that dispute,7 not a failure of qualification of Heaton. 7 As noted in the … Defendant’s appraisal expert Eyre testi- fied that, in his view, the CenturyLink Transaction corrob- orated certain trends identified in his appraisal, but that he did not rely on the CenturyLink Transaction to establish

Port of Portland v. Water Quality Insurance Syndicate

549 F. Supp. 233 · District Court, D. Oregon · Oct 7, 1982

There is no material issue of fact as to whether the sinking of the OREGON was sudden or accidental; the policy clearly covers such a loss. … Further, Oregon cases hold that such dredging is not a “governmental” function sheltering municipalities from liability by their sovereign immunity, McKay v.

Civil Service Board v. Bureau of Labor & Industries

61 Or. App. 70 · Court of Appeals of Oregon · Dec 22, 1982

Given that premise, the Commissioner concluded that the Fire Bureau had failed to establish the impossibility or great impracticality of differentiating the qualified from the unqualified by individual screening. … This record clearly supports the reasonableness of the Fire Bureau’s assessment of the risks of eliminating the maximum hiring age. This case is substantially similar to Murnane v. American Airlines, Inc., supra.

Southwest Oregon Dairy Herd Improvement Ass'n v. Morgan

17 Or. App. 300 · Court of Appeals of Oregon · May 6, 1974

There the court pointed out that in adopting ORS 657.045 (2) (d), the Oregon legislature clearly intended to adopt the federal definition of “agricultural labor.” In Lucas County Farm Bureau Cooperative Ass’n. v. … And the legislature was careful to point out that the activities specified in subsection (2) (d) not directly related to the production of the farm qualifies as agricultural labor ‘only if such service is performed as an

SAIF Corp. v. Ramirez

213 Or. App. 321 · Court of Appeals of Oregon · Jun 13, 2007

In this case, claimant contends, Kane’s report clearly includes such findings, and the board’s finding to that effect is supported by substantial evidence. … The court said that “any one of those characteristics, if established, will serve to qualify a physical finding or a subjective response to a physical examination as a verifiable indication of injury or disease that will

Woodbury v. United States

192 F. Supp. 924 · District Court, D. Oregon · Feb 8, 1961

In construing the Tort Claims Act the courts have uniformly held that immunity was not waived as to all torts. Immunity was not waived for conduct amounting to a nuisance. Dalehite v. United States, supra. … Clearly, this language must be read and construed with the other language of the Act.

Union School District No. 5 v. Stanley

185 Or. 531 · Oregon Supreme Court · Jan 18, 1949

Each petition was signed by the requisite number of qualified voters. … Subdivision 6 of the same section provides that the “notices of election shall clearly state that the question of forming a union high school district for high school purposes only, specifying the districts to be united,

United States v. Harkins

355 F. Supp. 2d 1175 · District Court, D. Oregon · Nov 30, 2004

A person may establish a corporation sole which the person controls. … This is clearly false and fraudulent. Next, an organization is tax exempt if it serves a “public rather than a private interest.” 26 C.F.R. § 1.501 (c)(3) — l(d)(ii).

Miller v. Union County

48 Or. 266 · Oregon Supreme Court · Jul 17, 1906

Polk County, 15 Or. 578 ( 16 Pac. 420 ), was announced, the statute has been amended so that a board of county road view *270 ers, consisting of the county surveyor, the county roadmaster and one qualified freeholder, take … These words being synonymous, the use of the latter term by the county court clearly expresses its intention and sufficiently conforms to the legal mandate. 2.

Jury Service Resource Center v. Carson

199 Or. App. 106 · Court of Appeals of Oregon · Apr 13, 2005

Although plaintiffs’ appeal contains eight assignments of error and conflates the various parties and their claims and defenses, it clearly and accurately states the issues before us: Does the PRL permit defendants to deny … The two Press-Enterprise cases, then, establish a test for closure that “is extremely hard to meet.

GALAXY GAMING OF OREGON, LLC v. Burdick

556 F. Supp. 2d 1180 · District Court, D. Oregon · Mar 13, 2008

The Tribal Gaming Commission considering the licensing application then makes an independent determination whether the vendor qualifies to do business with the tribe. … Where the regulations establishing entitlement to the benefit are mandatory in nature, and not discretionary, applicants have a property interest protectible under the Due Process Clause.