Case law

Barnum v. Department of Revenue

5 Or. Tax 508 · Oregon Tax Court · May 3, 1974

Subsequently, the mother and daughter established a close personal relationship long after the adoptive parents had died. … "What is needed is not a reiteration of established principles but rather a definition of “unambiguous” for application in the present case.

School District No. 48 v. Fair Dismissal Appeals Board

14 Or. App. 634 · Court of Appeals of Oregon · Oct 8, 1973

The individual or individuals within the school district who are responsible for evaluation for each professional should be clearly identified.” … The only one omitted, No. 3 in the notice of charges, clearly related to a matter which would not be established by opinion evidence.

Dorvinen v. Crook County

153 Or. App. 391 · Court of Appeals of Oregon · Apr 15, 1998

It provides that, ip. the absence of the qualifying circumstances that are described in ORS 215.780(2) and that are not present here, the 80-acre minimum parcel size is an across-the-board requirement in EFU zones. … 215.263(4) provide no basis for concluding that the minimum parcel size requirement of ORS 215.780(l)(a) does not apply to the parcels that result from land divisions for nonfarm dwellings, and the language of ORS 215.780(1) clearly

State Ex Rel. Nilsen v. Lee

251 Or. 284 · Oregon Supreme Court · Aug 23, 1968

A sale clearly was attempted some time after Eddie left. However, Eddie did in fact return and when he did defendants relinquished control of the business to him. … Under well-established principles of the law of agency defendants can be held liable individually upon contracts entered into without disclosing the agency.

State v. Kellaher

90 Or. 538 · Oregon Supreme Court · Jan 14, 1919

If a written law creating an office and prescribing the term contains an express provision or clearly manifests an intent that an unexpired term shall be-first completed then the resignation of an elected incumbent leaves … because his successor had been elected and qualified.

In Re the Marriage of Fedorov

228 Or. App. 50 · Court of Appeals of Oregon · Apr 29, 2009

Since long-distance moves may severely erode established relationships between three-year-olds and their non-moving parent unless there is broad and meaningful interaction at least every month, a relocation to Australia will … Certainly, we find no “clearly articulable reasons” for reversing its decision. We can, in fact, hardly improve upon the court’s careful and thorough findings, which we have already summarized.

Martinez v. Kulongoski

220 Or. App. 142 · Court of Appeals of Oregon · May 21, 2008

That initiative was subsequently certified, and qualified for the ballot of the November 2, 2004, general election, as Ballot Measure 36 (2004). … The Supreme Court observed that the measure contained multiple implicit substantive changes to the constitution: It altered jury trial rights as established by Article I, section 11, juror qualifications as established by

Beal v. City of Gresham

166 Or. App. 528 · Court of Appeals of Oregon · Apr 12, 2000

This means that a court may inquire into whether the measure is ‘municipal legislation,’ because the qualifying language is used in the constitution itself. … The first clause is a prohibition on city action; it prohibits the city from constructing a limited access road or highway of more than four lanes within the city limits. 6 That prohibition is clearly legislative.

Roblin v. Shantz

210 Or. 371 · Oregon Supreme Court · May 15, 1957

Eoblin qualify. That the testator, on the day on which he executed his will, requested the appointment of a conservator does not persuade us that he lacked testamentary capacity. … All agree that the burden of establishing undue influence is upon the contestant.

Vaughn v. Klamath County Fire District No.1

District Court, D. Oregon · Apr 19, 2024

Qualified immunity for Engler and Dustin : Defendants Engler and Dustin also raise a defense of qualified immunity. . … □ A plaintiff attempting to overcome the presumption of qualified immunity must first the constitutional right was clearly established. Gasho v.

Davis v. County of Clackamas

205 Or. App. 387 · Court of Appeals of Oregon · May 3, 2006

And at that point, were you able to clearly see to your left * * * down Jennings? “A. I was. “Q. You’ve made mention of a butterfly bush. “A. Right. “Q. All right. … OEC 602; OEC 701. 2 Nor does Voss’s opinion as to what caused the accident qualify as expert testimony because, in reaching his opinion, he did not apply specialized knowledge such as that of an accident reconstructionist

City of Portland v. Ristick

150 Or. App. 1 · Court of Appeals of Oregon · Sep 17, 1997

The supervisor explained that all of the work was necessary to qualify for a rehabilitation loan through PDC. … Pursuant to the Act, the city adopted Portland City Code (PCC) Section 29.90.010 through 29.90.1Í0 to establish the authority and procedures for housing receivership within the city.

In Re Jaffee

319 Or. 172 · Oregon Supreme Court · Jun 16, 1994

We agree that reasonable persons — as the dissenters clearly are — could reach a different conclusion than do we. … But applicant’s burden is to establish that certain facts are “highly probable”; it is not to establish those facts beyond any reasonable doubt. This case has been on a yo-yo before the Board.

Irish & Swartz Stores v. First National Bank

220 Or. 362 · Oregon Supreme Court · Feb 24, 1960

It clearly warns the depositor that it is his duty to “make sure the bag has entered the chute.” … The clause clearly expresses the idea that the risk of loss shall be upon the depositor.

Johnson v. CRADDOCK

228 Or. 308 · Oregon Supreme Court · Sep 27, 1961

The foregoing rule in its particular application to the instant matter is well and clearly stated as follows in 2 Sutherland, Statutory Construction (3d ed, Horack, 1943), 448-449: “Beferential and qualifying words and phrases … But where the sense of the entire act requires that the qualifying words apply to several preceding or even succeeding sections, the word or phrase will not be restricted to its immediate antecedent.

Federal Cartridge Corp. v. Helstrom

202 Or. 557 · Oregon Supreme Court · Nov 24, 1954

The principal question for decision on this appeal is whether a nonsigner of the fair trade agreements entered into by plaintiff, who knowingly advertises and sells a fair-traded commodity may claim an absolute immunity from … However, from what has been said, it is obvious that at least until July 14, 1952, when the McGuire Act was adopted, there clearly was no valid law in this state which would bind nonsigners to these fair trade agreements.

Miller v. Lampert

340 Or. 1 · Oregon Supreme Court · Jan 12, 2006

He told the court: “Clearly, based on [petitioner’s] history, if you want to apply that statute, you can do it, but I ask if you consider doing that to use the 75 months as the base sentence.” … Although later cases have recast Almendarez-Torres as establishing only a “prior conviction” exception to the rule in Apprendi , the decision in Almendarez-Torres , read on its own terms, stands for a far broader proposition

Little Nestucca Road Co. v. Tillamook County

31 Or. 1 · Oregon Supreme Court · Apr 19, 1897

dominant legislative power only called into exercise by the enactment of a valid statute, and when a party asserts a right to seize land previously appropriated to a public use, he must sustain his claim by producing a statute clearly … PL and Prac., 614), and a condition which qualifies or defeats the plaintiff’s suit, being a condition subsequent, may be safely "ignored by him in the pleading: 4 Ency. Pl. and Prac., 628.

State v. Miller

208 Or. App. 424 · Court of Appeals of Oregon · Oct 4, 2006

In Davis/Hammon, the Court considered whether statements made by victims of domestic violence qualified as testimonial. … The statements made in the lab reports at issue here are clearly intended to be used in a criminal prosecution to prove past events — the presence of controlled substances in defendant’s urine at a specific time in the past

Klovdahl v. Springfield

81 Or. 168 · Oregon Supreme Court · Jul 11, 1916

Section 68 empowers the council, whenever it deems it expedient, to establish or alter the grade of or to improve or repair any street or alley, or any part thereof, and says that this authority includes the power to improve … The charter clearly distinguishes between the building of sidewalks and the improvements of a street by grading or graveling.