Case law

Carter v. Department of Revenue, Tc-Md 080689c (or.tax 4-30-2009)

Oregon Tax Court · Apr 30, 2009

The statute provides in relevant part: "A qualified taxpayer shall be allowed a credit against the taxes otherwise due under ORS Chapter 316 equal to the applicable percentage of the qualified taxpayer's child care expenses … That would clearly be inappropriate.

State v. Hansen

295 Or. 78 · Oregon Supreme Court · Jun 1, 1983

A few paragraphs later, the opinion states: “As we shall point out, the fact that the search warrant was ‘untainted’ does not immunize the government from a suppression motion because in this case the evidence was illegally … It seems reasonable to hold that such items of contraband as are actually discovered by the entering officers or which are clearly visible to the officers should be deemed to be seized.

Braskett v. Fender

884 F. Supp. 2d 1119 · District Court, D. Oregon · Aug 3, 2012

Braskett clearly stated that while Mr. Braskett had become increasingly verbally abusive towards her, he had never been physically violent towards her or the children. 15 Mrs. … In addition, the defendants claim that even if Braskett could show his constitutional rights were violated, the defendants are entitled to summary judgment because qualified immunity shields them from liability.

Albert v. Salem

39 Or. 466 · Oregon Supreme Court · Aug 12, 1901

Bush’s statement that he knew about where Gordon set the stake qualifies his statement that the corner has remained since Gordon’s survey in its present place. … This line was clearly designated by Neff in his *479 notification as the true dividing line, and it was the duty of the surveyor general, in making the survey, to so recognize it, which we think clearly appears from the evidence

State v. Vincent

556 P.3d 1046 · Court of Appeals of Oregon · Sep 5, 2024

Evans acknowledged that he “d[id]n’t know what’s going on in their head,” but believed that “they had known that they had been in the wrong, clearly, and were trying to get away from witnesses and/or police.” … That suspicion arises from a general concern about the veracity of a witness who has admitted to committing a crime and a specific concern that an accom- plice might be induced by promises of leniency or immunity to testify

Puri v. Khalsa

321 F. Supp. 3d 1233 · District Court, D. Oregon · Apr 26, 2018

Pursuant to his role as Siri Singh Sahib, Yogi Bhajan established numerous non-profit organizations and for-profit businesses. … Defendants argue that information outside the pleadings now shows that membership on the UI and SSSC boards clearly qualifies for the ministerial exception.

State Highway Commission v. Rawson

210 Or. 593 · Oregon Supreme Court · Jun 19, 1957

Counsel for plaintiff also made a qualified admission, as follows: “* * * The question is, by Statute does that cover this land or does it not. … Thus we have an area to which the mining lease statute clearly applies and the statutes clearly allocate the proceeds of sale or rental to a specific fund for school purposes.

Dept. of Human Services v. N. H.

322 Or. App. 507 · Court of Appeals of Oregon · Oct 26, 2022

S qualified for developmentally disabled services. In October 2020, S participated in a “best interest” evaluation with Dr. Bennett. … Accordingly, we are persuaded that the benefits to S of ending the legal relation- ship with mother clearly outweigh any risk of harm posed to S by a termination.

State v. Nix

251 Or. App. 449 · Court of Appeals of Oregon · Aug 1, 2012

That interest might, if viewed in isolation, suffice to qualify the public as the victim of a violation of ORS 167.325. … Deputy Hemphill stated that the bill was necessary because the existing law had “vague and archaic language,” had “no enforceable prohibition against abandonment,” and had “a lack of clearly defined standards for animal care

Oregon State Bar v. Smith

149 Or. App. 171 · Court of Appeals of Oregon · Jul 9, 1997

Thus, although the “practice of law” circa 1937 clearly included appearing in court and drafting court *180 documents, it was unsettled whether that concept encompassed engaging in out-of-court negotiations on a “client’s … , accredited and licensed by a board or commission established by statute may engage in those professions and occupations.

Scott Co. v. Roman Catholic Archbishop

83 Or. 97 · Oregon Supreme Court · Feb 20, 1917

The validity of the restrictions on which appellants rely is established by Seeck v. Jakel, 71 Or. 35 ( 141 Pac. 211 , L. R. A. 1915A, 679). … The relative rights of appellants and Laurelhurst Company under the facts alleged in the complaint are clearly set out in De Gray v. Monmouth Beach Co., 50 N. J.

Portland Police Ass'n v. City of Portland

275 Or. App. 700 · Court of Appeals of Oregon · Dec 30, 2015

Specifically, the city’s thesis is that the legislature has established, in ORS 181.789(2), a clearly defined public policy that deference be given to a police chiefs plausible interpretation and application of a police department … We disagree with the city that ORS 181.789(2) establishes a clearly defined public policy requiring deference to the police chiefs decision on whether an officer’s conduct comports with the bureau’s use-of-force policies.

Aasum v. Good Samaritan Hospital

395 F. Supp. 363 · District Court, D. Oregon · May 15, 1975

The court found this discrimination unconstitutional because there was no rational relationship between the rule itself and the hospital’s purpose to select qualified staff members. … jurisdiction of any civil action authorized by law to be conmmenced by any person: ... (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity

Gratton v. Gratton's Estate

133 Or. 65 · Oregon Supreme Court · Oct 23, 1929

Gratton, each held one of said qualifying shares. So far as the record shows there was no real property standing in the name of testator at the time of his death. He had stocks and bonds of other corporations. … This clearly was not too remote for the right to a conveyance of the land will vest in him the moment the life tenant dies.

MacDonald v. Oregon Health & Science University

District Court, D. Oregon · Jul 5, 2024

Defendant determined that Plaintiff did not qualify for a religious exception and denied her request. Id. ¶ 24. … This Court concluded that those individual defendants were entitled to qualified immunity and granted the motion to dismiss Plaintiff’s First Amendment claim. See ECF 35 at 18–24.

State Ex Rel. State Office for Services to Children & Families v. Hammons

169 Or. App. 589 · Court of Appeals of Oregon · Sep 6, 2000

taken within the 90-day time frame established by ORS 419A.200(4)(c). … Clearly, appellate counsel’s inadequate performance did not affect the outcome of the trial, it affected the appellate court’s ability to review de novo the order of the trial court. ORS 419A.200(5).

Pam's Carpet Service, Inc. v. Employment Division

61 Or. App. 96 · Court of Appeals of Oregon · Dec 22, 1982

We said: “* * * while the foregoing may not qualify as ‘risk capital’ in the sense that it does not amount to a business that could be sold beyond the value of the equipment used, it is commensurate in ‘quantity and quality … Their testimony did not address whether any other firms had in fact offered similar arrangements during the audit period, which is clearly relevant to economic dependency.

Marks v. LCDC

327 Or. App. 708 · Court of Appeals of Oregon · Sep 7, 2023

As noted above, petitioner contends that “LCDC erred in determining the IGAs do not qualify as land use decisions under the signif- icant impact test.” … And, as petitioner also notes, even if Metro has the authority to add part of Stafford to the UGB without a concept plan, “Metro clearly stated it will not do so and agreed to the 5-Party IGA to convince the Cities of this

Dept. of Transportation v. Stallcup

341 Or. 93 · Oregon Supreme Court · Jun 22, 2006

such a term is inconsistent with reference to a mere draft. 10 ORS 35.346(2) provides: “The [condemner’s] offer [to purchase the property] shall be accompanied by any written appraisal upon which the condemner relied in establishing … (If more than one person signs this certification, the certification must clearly specify which individuals did and which individuals did not make a personal inspection of the appraised property.)

Shoshone-Bannock Tribes of Fort Hall Reservation v. Shalala

58 F. Supp. 2d 1191 · District Court, D. Oregon · Jul 22, 1999

Indeed, Landgraf clearly articulated a strong presumption against implied retroactivity. … Thus, in most cases, those where Congress had waived sovereign immunity from suit, the resulting judgments .could not be paid unless the Congress specifically appropriated funds for that purpose. 69 Comp.