Case law

Kulin v. Deschutes County

872 F. Supp. 2d 1093 · District Court, D. Oregon · May 31, 2012

Once the movant has met its burden, the burden shifts to the nonmovant to produce specific evidence to establish a genuine issue of material fact or to establish the existence of all facts material to the claim. … It was only after the February 26, 2008, proceedings before the Hearings Officer that the County ultimately conceded that the ADA applied to its zoning decisions and that plaintiff is a qualified individual with a disability

Martin v. Department of Revenue

8 Or. Tax 141 · Oregon Tax Court · Jun 20, 1979

But plaintiffs testified they then agreed that the realtor would let plaintiffs know if and when the realtor found a qualified potential buyer interested in a large home, and they would talk with the potential purchaser to … Although their campaign has slackened, plaintiffs’ desire to sell was clearly proved at the trial. *[144] Plaintiffs suggested two reasons why their home did not, and has not, sold at the listed price or at any price.

Burkitt v. School District No. 1

195 Or. 471 · Oregon Supreme Court · Jul 3, 1952

In doing so, however, it will be kept in mind that the local board is the final authority so long as it acts in good faith and refrains from adopting regulations which are clearly arbitrary or unreasonable. … law for the establishment of a uniform and general system of common schools.”

Boltz

District Court, D. Oregon · Mar 17, 2026

Patterson is Qualified to Offer Infection Preventionist Testimony PeaceHealth contends that Patterson is not qualified to offer expert testimony because she lacks relevant education, training, and experience. Def. … Plaintiffs contend that if Patterson does not qualify as a scientific or medical expert, she does qualify to offer expert opinion based on her knowledge and experience as an infection control nurse at SLMC during

State Ex Rel. Department of Human Services v. J. L. N.

212 Or. App. 266 · Court of Appeals of Oregon · Apr 25, 2007

Although that fact by itself does not establish neglect under ORS 419B.506, see State ex rel Dept. of Human Services v. … Squiers, 203 Or App 774, 789 , 126 P3d 758 (2006), it is relevant conduct under ORS 419B.504 because it is clearly detrimental to the children.

Young v. Commissioner Social Security Administration

214 F. Supp. 3d 987 · District Court, D. Oregon · Oct 11, 2016

Rawlins was not aware of the level of Plaintiffs alcohol consumption, he clearly knew she had a history of alcohol abuse. Moreover, Dr. … Rawlins’ opinions are viewed as a whole, they clearly demonstrate that even when alcohol is not considered, her PTSD and other mental limitations remain disabling.

United States v. Walls

291 F. Supp. 3d 1194 · District Court, D. Oregon · Nov 27, 2017

Wainwright , 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963), which established a right to counsel for all felony prosecutions. Id. at 447 , 92 S.Ct. 589 . … This error, unlike that in Addonizio , was not the result of a subjective belief about an outside entity's future actions, but rather an externally verifiable mistake of law, clearly reflected in the Plea Agreement, Presentence

City of Scappoose v. Public Utility Commission

142 Or. App. 156 · Court of Appeals of Oregon · Jul 10, 1996

PUC has established two methods by which an exchange can demonstrate EAS eligibility. … In the same orders, PUC decided that the City of Newberg and certain others did qualify for inclusion in the Portland EAS region.

Schomp v. Brown

215 Or. 714 · Oregon Supreme Court · Mar 4, 1959

Brown is subject *722 to a trust or in anywise limit or qualify the very apparent absolute fee which she received under Article IV, it would result in creating a repugnancy which in turn would render Article IX void. … Under the design established by Article IX the extent of the estate of the last spouse dying cannot be determined before the date of his or her death.

Estate of McGee v. Department of Revenue

7 Or. Tax 288 · Oregon Tax Court · Dec 16, 1977

Jerman, 147 Or 657 , 35 P2d 248 (1934), contains an example of a clearly contingent remainder. … Clearly, these conditional uses go beyond the scope, spirit and intent of ORS 215.213.

ROOD EX REL. RICHARDS v. Coos County

240 Or. App. 68 · Court of Appeals of Oregon · Dec 29, 2010

Medford School Dist. 549C, 232 Or.App. 38, 46 , 221 P.3d 787 (2009) ("When the dismissal of a declaratory judgment action was clearly based on a determination of the merits of the claim * * *, our practice has been to review … of the party's attorney stating that an unnamed qualified expert has been retained who is available and willing to testify to admissible facts or opinions creating a question of fact, will be deemed sufficient to controvert

Scharfstein v. BP W. Coast Prods., LLC

292 Or. App. 69 · Court of Appeals of Oregon · May 31, 2018

Moreover, in the context of consumer purchases, every transaction involves a payment method, and a payment method is not sufficiently distinct from the purchase of a good or service to qualify as a separate service. … As noted, OAR 137-020-0150(3)(d)(A) requires that all "conditions" be "clearly" displayed on the service station's street sign.

Automobile Club v. State of Oregon

314 Or. 479 · Oregon Supreme Court · Oct 29, 1992

The fund clearly does not provide for *491 construction, improvement, repair, maintenance, or use of highways. … See ORS 184.733 (establishing and describing purposes of the fund). B. Is the Fee a “Tax or Excise”?

Pearce v. City of Portland

District Court, D. Oregon · Feb 21, 2023

The individual Defendants may be found to have caused a constitutional injury to Plaintiff but still be shielded from liability through qualified immunity. See Chew v. … Gates, 27 F.3d 1432, 1439 (9th Cir. 1994) (explaining that when an individual defendant succeeds on a qualified immunity defense, “the city’s liability has not been actually and necessarily decided”).

DCIPA, LLC v. Lucile Slater Packard Children's Hospital at Stanford

868 F. Supp. 2d 1042 · District Court, D. Oregon · Oct 20, 2011

It is also undisputed that defendant was qualified under the regulations to provide such transplant services. See OAR 410-124-0040(1). … Moreover, even if defendant could establish a misrepresentation, it could not establish detrimental reliance or that such reliance was reasonable. See Day, 336 Or. at 519 , 86 P.3d 678 .

Powell v. Oregonian Ry. Co.

36 F. 726 · U.S. Circuit Court for the District of Oregon · Dec 3, 1888

The ground of the decision is that the statute is penal, and therefore the word “debt” ought to bo taken in “that limited and definite sense to which long-established usage has restricted it;” and that the use of the word … qualifies the enlarged sense of the word “demand,”and show's that it was used by the legislature “to denote a demand arising on contract.”

SAIF Corp. v. Henwood

176 Or. App. 431 · Court of Appeals of Oregon · Sep 5, 2001

The statute uses the phrase “employment conditions” without qualifiers. Employer’s reading would require insertion of the word “current” into the statute before “employment conditions.” … That statute, in turn, establishes procedures for filing aggravation claims, and it clearly does not encompass claims based on the worsening of diseases incurred in out-of-state employment.

City of Corvallis v. State of Oregon

304 Or. App. 171 · Court of Appeals of Oregon · May 13, 2020

Thus, in Oregon, prior to 1906, the state retained all power over local affairs and had the exclu- sive authority to adopt and amend city charters, to establish and alter municipal boundaries, and to grant and remove legislative … Medford School Dist. 549C, 232 Or App 38, 46, 221 P3d 787 (2009) (“When the dismissal of a declaratory judgment action was clearly based on a determination of the merits of the claim * * *, our practice has been to review

Simms v. Department of Revenue

11 Or. Tax 32 · Oregon Tax Court · Apr 27, 1988

The court does not believe that it qualifies as such. To qualify, a sale must be recent, voluntary, arm’s-length, between knowledgeable parties willing but not compelled to deal. … The lack of an adequate economic and population base, the loss of liability insurance coverage and the general decline in the roller skating rink industry clearly supports such a determination.

Ray v. Department of Revenue

6 Or. Tax 184 · Oregon Tax Court · Sep 11, 1975

It has been noted that there *189 may be a greater constitutional restraint upon the application of a wholly new type tax than upon the retroactive application of a provision involving an established type of tax. 1 Mertens … Since no citizen enjoys immunity from that burden, its retroactive imposition does not necessarily infringe due process, and to challenge the present tax it is not enough to point out that the taxable event, the receipt of