Case law

Arken v. City of Portland

351 Or. 113 · Oregon Supreme Court · Oct 6, 2011

The "revised" allowance 18 reduced the 1999 earnings credit to 11.33 percent, but continued to provide COLAs. 19 In Section 10, the legislature clearly and expressly tied the availability of 20 the … We conclude, based on statutory text and context, 14 that the earnings credit allocation error also qualifies as a benefit calculation 15 methodological error. 16 2.

Brice v. Department of Revenue

6 Or. Tax 548 · Oregon Tax Court · Dec 3, 1976

The parties agreed that the Beverly Beach Water District qualified as such. See ORS chapter 264. … It was essential to him to keep the water available for the subdivision and he benefited by having the water reservoir there. * * *” The testimony in this case clearly shows that the relationship between the water district

In re the Review of Chapter 482, Oregon Laws, 1961

228 Or. 562 · Oregon Supreme Court · Sep 22, 1961

The constitution clearly demands that “the number of senators and representatives for each county or district shall be determined by dividing the total population of such county or district by such respective ratios,” (i.e … Original jurisdiction is conferred upon this court by virtue of Article IV, 5 6 (2) (a), which, reads as follows: “Original jurisdiction hereby is vested in the Supreme Court upon the petition of any qualified elector of

Sandoval v. Melvin

District Court, D. Oregon · Mar 10, 2021

immunity. … Qualified Immunity Defendant also asserts plaintiff’s claim fails because he is entitled to qualified immunity.

In Re Marriage of Denton

145 Or. App. 381 · Court of Appeals of Oregon · Dec 24, 1996

Still, valuing the extent of the contributions of a homemaker *387 spouse proved difficult to establish. … That much is established by statute. ORS 107.105(1)(f).

In Re the Marriage of Jenks

55 Or. App. 824 · Court of Appeals of Oregon · Feb 8, 1982

In 1979, he received a salary of $21,500, a bonus of $1,500, and $2,700 in Naval Reserve pay. 1 After two and one-half more years of Naval Reserve duty, he will qualify for retirement benefits (which will mature when he reaches … Smith, supra, and for establishment of a reasonable visitation schedule. As modified, the decree is affirmed.

Hynix Semicond. Mfg. v. Lane County Assr., Tc-Md 091320b (or.tax 5-5-2011)

Oregon Tax Court · May 5, 2011

Hynix asserts that it is reasonable that a taxpayer could not have a loss of exemption in the third year, at least after establishing the "number of employees" on April 1 or when the claim is filed. *Page 10 a. … But closure of operations does mean the ending of the activity, as Webster's clearly points out." ( Id. at 3, 4.)

Stalder v. Board of Medical Examiners

37 Or. App. 853 · Court of Appeals of Oregon · Dec 26, 1978

The order in question falls far short of the established standards. First, the order fails to state the basic facts found to be true. … Petitioner cannot, therefore, establish in any case prejudice arising from the hearings officer’s ruling on the question put to the husband.

Allen v. Hall

328 Or. 276 · Oregon Supreme Court · Feb 11, 1999

Although the testamentary intent rule clearly is controlling in a will contest, it does not follow that the rule must be followed in the tort context. … It follows that, for purposes of the first element of that tort, as extended, a clear prospect of an inheritance can qualify as a protected economic relationship.

Konecny v. Brown

District Court, D. Oregon · Mar 29, 2021

regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … In addition, “[s]upervisory liability exists even without overt personal participation in the offensive act if supervisory officials implement a 1 Defendants also argue that they are entitled to qualified immunity on

McHenry v. PACIFICSOURCE HEALTH PLANS

679 F. Supp. 2d 1226 · District Court, D. Oregon · Jan 5, 2010

This court has discretion to allow additional evidence not before the plan administrator, but should exercise this discretion “only when circumstances clearly establish that additional evidence is necessary to conduct an … It does not establish that Hoyt fits within that hypothetical.

Hynix Semiconductor v. Lane Cnty. Assessor, Tc-Md 091320b (or.tax 5-12-2011)

Oregon Tax Court · May 12, 2011

Hynix asserts that it is reasonable that a taxpayer could not have a loss of exemption in the third year, at least after establishing the "number of employees" on April 1 or when the claim is filed. *Page 10 a. … But closure of operations does mean the ending of the activity, as Webster's clearly points out." ( Id. at 3, 4.)

State v. Pilon

321 Or. App. 460 · Court of Appeals of Oregon · Aug 31, 2022

Once those reports were created, the state had them in its possession, and they were subject to discovery.3 3 Without copies of the reports, we cannot conclusively find that they would qualify as exculpatory or … This statute clearly establishes a wide range of discretion on the part of a trial court in deciding how to address discovery violations.

Oregon Ex Rel. Department of Transportation v. Heavy Vehicle Electronic License Plate, Inc.

198 F. Supp. 2d 1202 · District Court, D. Oregon · Apr 19, 2002

The court declines to extend an order immunizing plaintiffs from suit on any and all tort theories. … Because of the “pervasive entwinement” of public school officials — clearly state actors in their own right — in the structure of the organization, and the fact that the organization had historically regulated state high

Westerman v. Oregon Automobile Credit Corp.

168 Or. 216 · Oregon Supreme Court · Jan 13, 1942

Both of these cases were clearly distinguishable. In the case of Texas Auto Co. v. … Undisputed evidence establishes that the plaintiff was himself the aggressor when he pushed himself in the car and pushed the defendant’s assistant out of it.

Willamette Industries, Inc. v. United States

530 F. Supp. 904 · District Court, D. Oregon · May 28, 1981

The attorney’s work-product policies which Congress clearly incorporated into Exemption 5 thus come into play and lead us to hold that the Advice and Appeals Memoranda directing the filing of a complaint are exempt whether … They contend that 26 U.S.C. § 6103 qualifies as such a statute, Chamberlain v.

Comcast Corp. III v. Dept. of Rev. (TC 4909)

22 Or. Tax 233 · Oregon Tax Court · Sep 15, 2016

ANALYSIS As already discussed, the department’s assess- ment clearly exceeds the 3% Limit because the department increased the MAV for taxpayer’s properties by over 130 per- cent. … Real property is clearly prop- erty that can only be added to a tax account as a result of an acquisition by a taxpayer. This leaves only the general catchall of “other taxable * * * personal property.”

Cain v. BOVIS LEND LEASE, INC.

817 F. Supp. 2d 1251 · District Court, D. Oregon · Sep 13, 2011

Similarly, § 654.010 clearly applies only to employers. The defendants assert that none of them qualifies as an “employer” for purposes of these statutes. … Clearly, Cain was working temporarily in the area. *1271 Cain qualifies as “an employee” under the OSEA, even though he was not the hospital’s employee. See O.R.S. § 654.005(4)(a) (defining “Employee”).

State Land Board v. Brownell

199 Or. 448 · Oregon Supreme Court · Nov 12, 1953

The case is clearly distinguishable. In Thramm’s Estate, 80 Cal App2d 756, 183 P2d 97 , the critical date was 7 July 1943. … They established merely presumptive heirship.

In Re Roman Catholic Archbishop of Portland in Oregon

335 B.R. 815 · United States Bankruptcy Court, D. Oregon · Dec 23, 2005

That is clearly relevant to the issues in these claims. Further, simply asking the questions cannot infringe on any First Amendment rights. There is no privilege to keep religious doctrine secret. 13. … Therefore, it is unnecessary for me to decide whether certain immunities would apply to protect him from being compelled to answer such questions.