Case law

SPRINGFIELD UTILITY BD. v. Emerald PUD

339 Or. 631 · Oregon Supreme Court · Dec 30, 2005

The parties agree, as do we, that there is no question that the board qualifies as a "municipality" within the meaning of ORS 758.400(2) and, consequently, also qualifies as a "person" within the meaning of ORS 758.450(2) … qualifies as a "municipality" that is excluded from the statutory term "public utility" in that context.

Vermeulen v. Department of Human Services

231 Or. App. 410 · Court of Appeals of Oregon · Oct 28, 2009

It is undisputed that, but for the disqualifying transfer of her home, claimant otherwise qualified for Medicaid. *415 In a hearing before an administrative law judge (ALJ) of the Office of Administrative Hearings, claimant … took the position that, although clearly the transfer of the house triggered a presumption that the transfer occurred to create eligibility, she could rebut the presumption for either of two reasons.

Employment Division v. Surata Soy Foods, Inc.

63 Or. App. 221 · Court of Appeals of Oregon · May 11, 1983

. * * * (5) These initial five individuals and others who subsequently qualified as ‘members’ of the cooperative, collectively operated as the Board of Directors, and in this capacity elected the corporate officers, designated … Reversed and remanded for further proceedings. 1 With respect to finding 16, the evidence clearly showed that members worked under the direction of the board of directors as to what shift they would work and what product

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.

Supove v. Densmoor Et Ux

225 Or. 365 · Oregon Supreme Court · Jan 11, 1961

Later Supove was recommended as a person qualified to draw the plans for the building. A conference was held in Supove’s office between Supove, Sunderland and defendant and the cost of the building discussed. … Clearly, the defendant failed to sustain the burden nf proving fraud or mutual mistake, and the court erred in granting reformation.

Welch v. U. S. Bancorp Realty & Mortgage Trust

286 Or. 673 · Oregon Supreme Court · Jun 19, 1979

The real use of the term reasonable certainty seems to be to screen out an issue from the jury when the court has concluded that the evidence, taken as a whole, is clearly insufficient to establish the fact sought to be proved … To paraphrase, *705 the court should intervene only when it can say that the evidence is clearly insufficient to establish the claim of lost profits.

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.

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

Alt v. City of Salem

306 Or. 80 · Oregon Supreme Court · Jun 21, 1988

There being no clearly articulated reason for the departure apart from the rather lame explanation that this case is different, I dissent. … It reviews the facts established by the parties in their pleadings, affidavits and admissions to determine the legal significance of those already-established facts.

Smith v. Rubel

140 Or. 422 · Oregon Supreme Court · Jun 9, 1932

It is true that an occasional excerpt may be lifted from a case which, in the absence of its qualifying surroundings, lends some support to this claim. … If that is true, it then follows that none of Pierce & Company’s subsequent actions bound the defendant, and, therefore, Pierce & Company’s right to the proceeds of the supposed sale becomes the more clearly established.

State v. Easton

204 Or. App. 1 · Court of Appeals of Oregon · Jan 25, 2006

This court’s decisions establish that “a disposition exceeds the maximum allowed by law if it is not imposed consistently with statutory requirements.” State v. … And, it clearly has done so by enacting ORS 138.083, which specifically allows for the type of sentence modification at issue in this case, notwithstanding that the sentence has been executed. See State v.

In re Culpepper

481 B.R. 650 · United States Bankruptcy Court, D. Oregon · Nov 5, 2012

Culpepper that she did not qualify for a loan modification. See Exhibit 9, p. 1. During each Transcribed Call, Ms. … Culpepper was informed that she did not qualify for a Loan modification.

State v. Harris

Oregon Supreme Court · Oct 19, 2017

To be sure, in later cases, the Supreme Court first qualified and then overruled its decision in Roberts. See United States v. … But it did nothing to qualify that requirement. As did the court in Copeland, we acknowledge that there is phrasing in Moore that is indeed sweeping.

Providence Health & Services-Oregon v. Mancuso

323 Or. App. 573 · Court of Appeals of Oregon · Jan 5, 2023

Whether historic Medicare cost to charge ratio data were relevant to what defendant was obliged to pay under the Plan clearly requires interpretation of the Plan, and thus was correctly found to be preempted by ERISA. … its administrator GPA, impos- ing arbitrary reductions in payments to or on behalf of [plaintiff’s] or its affiliates’ patients which are not actually supported by the terms of the plan and which have not been clearly

Cox v. Royal Tribe

60 L.R.A. 620 · Oregon Supreme Court · Jan 12, 1903

His duty requires him to go to the place where the dead or wounded person is, and summon six qualified persons to serve as jurors; whose duty it becomes, on being sworn, to inquire who the person was, and when, where, and … As to this we are clearly of the opinion that there was sufficient evidence adduced to justify the court in letting the ease go to the jury.

Hubbard v. Hubbard

7 Or. 42 · Oregon Supreme Court · Jan 15, 1879

The respondent was thereupon appointed executor of the same, and immediately qualified and entered upon the duties of his trust. … If either of these facts should be fully established by the evidence, it may be well said it is in no respect the will of Joseph B. Hubbard.

State Ex Rel. Juvenile Department v. England

292 Or. 545 · Oregon Supreme Court · Feb 10, 1982

Persons qualifying as “Indian custodians” under the ICWA are entitled to notice and certain other rights in proceedings to terminate placement. 25 USC § 1912 . … Since petitioner did not receive Sonja from a parent, she cannot qualify under that provision.

State v. Porter

202 Or. App. 622 · Court of Appeals of Oregon · Nov 16, 2005

That being the case, defendant contends, there is no other evidence establishing the elements of DUII, so the trial court erred in not granting his motion for a judgment of acquittal. … Defendant testified that his intention in stating that he drove while under the effects of alcohol was not to acknowledge that he was guilty of DUII but to qualify for diversion.

Sherwood School District 88J v. Washington County Education Service District

167 Or. App. 372 · Court of Appeals of Oregon · May 24, 2000

Third, the Supreme Court also has held that a necessary incident of the legislature’s authority to establish a uniform and general system of common schools is the authority to establish or change the boundaries of school … In other districts, all qualified voters were entitled to vote on school board membership. In still other districts, school board members were appointed.

Chapman v. Toy Long

5 F. Cas. 497 · U.S. Circuit Court for the District of Oregon · Jul 31, 1876

alien Chinamen, who have not declared their intention to become citizens of the United States;” that on February 21, 1S75, the miners of Poorman and Jackass creeks district, situate in Jackson county, state of Oregon, duly established … Treat. 148), provides that citizens and subjects of the two nations shall respectively enjoy the same privileges, immunities or exemptions, in respect to travel or residence “within the country of the other,” as may there