Case law

Oregon Wild v. U.S. Forest Service

193 F. Supp. 3d 1156 · District Court, D. Oregon · Jun 17, 2016

Because the Court concludes that Plaintiffs’ CWA claim fails on the merits, it need not address the parties’ arguments on the scope of sovereign immunity or Oregon’s authority. … By deleting the provision, DEQ merely eliminated agencies’ ability to automatically qualify as compliant by implementing BMPs.

Taylor v. Portland Adventist Medical Center

242 Or. App. 92 · Court of Appeals of Oregon · Apr 13, 2011

“But if there’s a plaintiffs verdict, what I’m saying is that it automatically falls from that that there is an indemnity lawsuit against the two doctors because we cannot establish their percentage of fault. *100 “[A]t the … The present rule, however, clearly limits intervention of right to the few circumstances described in ORCP 33 B. We review decisions on motions based on those circumstances as matters of law.

Hillenga v. Dept. of Rev.

21 Or. Tax 396 · Oregon Tax Court · May 15, 2014

A per- son’s domicile remains that person’s domicile until that per- son establishes a new domicile at a different location. Davis v. Dept. of Rev., 13 OTR 260, 264 (1995). … Taxpayers have offered nothing that would permit the court to establish these elements for taxpayers’ cell phone usage.

Johnson v. Brown

District Court, D. Oregon · Jul 5, 2022

that they qualified for an exemption.”). … Privileges Or Immunities Claim Plaintiffs allege that the Vaccine Orders also violate the Privileges Or Immunities Clause of the Fourteenth Amendment.4 Plaintiffs allege that they

Trivoli v. Multnomah County Rural Fire Protection District No. 10

74 Or. App. 550 · Court of Appeals of Oregon · Jul 17, 1985

Thus, in order to establish a violation of his right to due process of law, plaintiff has to demonstrate that some statute, rule or contract confers that property interest. … It was clearly not the intent of the Commission, nor could it have been plaintiffs reasonable expectation, that *556 he would receive tenure at the time he was hired.

Kumli v. Southern Pacific Co.

21 Or. 505 · Oregon Supreme Court · Jan 11, 1892

It must be made clearly to appear that upon the evidence the court ought to have found the juror had formed such an opinion that he could not in law be deemed impartial. … The language of their examination is qualified and considerate, and is not that of positive men, hasty to judge and prompt to condemn, but rather that of honest, careful, conscientious men, fair, open, and candid, with an

Marshall v. Martinson

268 Or. 46 · Oregon Supreme Court · Feb 14, 1974

established.” … Under these facts, we agree with the holding of the trial judge to the effect that a lapse of four hours between recording of the data and the time of the accident was too long a period to qualify this evidence as relevant

General Electric Credit Corp. v. State Tax Commission

231 Or. 570 · Oregon Supreme Court · Aug 14, 1962

National banks were established by the National Bank Act of 1864. June 3, 1864, chapter 106, 13 Stat 99. … Thus, any company which could qualify as a financial corporation would naturally do so.

WITHERS v. Reed

194 Or. 541 · Oregon Supreme Court · Apr 16, 1952

The rule of state immunity from general legislation was not discussed either in the briefs or in the opinion of the court in the Hawk case. … Outside of incorporated cities and towns, the establishment of public parks is largely, if not wholly, a state function.

Comcast Corp. v. Department of Revenue

356 Or. 282 · Oregon Supreme Court · Oct 2, 2014

construction across the state of Oregon *  * a microwave communications network that will link *  Seattle, San Francisco, Los Angeles, and so on. *  * We’d *  like to clearly … Although nothing in the record before us establishes precisely how cable television services were delivered in Oregon in 1973, Professor Nguyen’s uncontradicted testimony establishes that they were not delivered through a

State v. Kurtz

233 Or. App. 573 · Court of Appeals of Oregon · Feb 17, 2010

Any designation of Davino under tribal law is insufficient to qualify him as a “peace officer” under ORS 161.015(4). … which “law enforcement units” can determine whether “public safety personnel meet minimum standards or have minimum training,” and to “certify * * * public safety personnel * * * as being qualified under the rules established

Methodist Book Concern v. State Tax Commission

186 Or. 585 · Oregon Supreme Court · May 18, 1949

And such exemptions are not ordinarily construed as applying to institutions established for the purpose of bestowing charity outside the limits of the state granting the exemption. … Prom the evidence it clearly appears that there is no authority vested in any person or corporation located in Oregon to determine the disposition of the net proceeds from the plaintiff corporation.

Fuentes v. Tillett

263 Or. App. 9 · Court of Appeals of Oregon · May 21, 2014

In 1999, the conservatorship was established after Allison’s mother, Marie Johnson Fuentes (Marie), died as a result of complications caused by the prescription drug Fen-Phen. … Thus, none of the conservatorship accountings clearly reveals appellant’s interest in the [estate] disbursements; they cannot now be offered as justification for appellant’s fee deductions from each disbursement.”

Matter of Marriage of Rykert

146 Or. App. 537 · Court of Appeals of Oregon · Feb 26, 1997

Clearly, *542 husband was able to achieve an advantageous economic position due, at least in part, to wife’s efforts. … However, ORS 107.105(2) does not limit consideration of tax consequences only to qualified retirement plans.

Keller v. Department of Revenue

12 Or. Tax 381 · Oregon Tax Court · Feb 23, 1993

Applying the pre-1951 law, the court in Keyes held that a Canadian gross income tax on dividends did not qualify as a “net income tax.” 209 Or at 662 . … But they did not increase the value of the products— that value was established by the market price at which they sold.” (Emphasis in original.)

Montessori School of Eugene, Inc. v. Lane County Assessor

16 Or. Tax 198 · Oregon Tax Court · Feb 8, 2000

ANALYSIS There is no dispute that Plaintiff is a school which would be entitled, under ORS 307.145, to qualify for a property tax exemption. … Damage is clearly present in the approximately $27,000 in roll corrections which Defendant now seeks from Plaintiff. With those observations Plaintiffs case is complete.

Dunkelberger v. American Mail Line, Ltd.

230 Or. 1 · Oregon Supreme Court · Dec 13, 1961

It follows that when the jury found for the defendant, they determined an issue of fact which conclusively established that defendant was not negligent, since there could be no negligence without an affirmative finding on … The application of such a standard to confused and conflicting evidence is clearly for the jury in a state case. 46 USCA, § 688. Had Poignant v.

Vannatta v. Keisling

324 Or. 514 · Oregon Supreme Court · Feb 6, 1997

We do not say that all influence obtained by contributions and expenditures is immune from permissibly being regulated or prohibited as harmful. … Nixon, 72 F3d 633 (8th Cir 1995), cert den_US_, 116 S Ct 2579 , 135 L Ed 2d 1094 (1996) (both so holding). 10 We qualify our statement with the limiting word, “many,” because there doubtless are ways of supplying things of

Willis v. Winters

350 Or. 299 · Oregon Supreme Court · May 19, 2011

Although the United States Constitution establishes the supremacy of the federal government in most respects, it reserves to the states certain powers that are at the core of state sovereignty. … Those arguments clearly are directed at this court’s decision in Emerald-Steel, which held that a provision of the Oregon Medical Marijuana Act that “affirmatively authorized” the possession of marijuana for medical uses

State v. J. M. E.

299 Or. App. 483 · Court of Appeals of Oregon · Sep 18, 2019

The court found that evidence established, beyond a reasonable doubt, that youth committed acts which, had youth been an adult, would have constituted fourth-degree assault. … There’s certainly no guarantee they will ever get that back, although clearly today they’re trying to do so. But even if I order restitution it may take a very long time for that actually to come back.