Case law

State Ex Rel. Juvenile Department v. Johnson

168 Or. App. 81 · Court of Appeals of Oregon · May 31, 2000

ORS 161.605 3 classifies crimes into separate sentencing categories and establishes the “maximum term of an indeterminate sentence of imprisonment” for each of the felonies listed. … The plain meaning of “indefinite” includes “having no exact limits: indeterminate in extent or amount: not clearly fixed sentenced to an ; prison term> * * Id. at 1147.

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.

Anderson v. Peden

284 Or. 313 · Oregon Supreme Court · Nov 22, 1978

Urban growth boundaries shall be established to identify and separate urbanizable land from rural land. … Any urban growth boundary established prior to January 1, 1975 which includes rural lands that have not been built upon shall be reviewed by the governing body, utilizing the same factors applicable to the establishment or

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.

TVKO v. Howland

335 Or. 527 · Oregon Supreme Court · Jul 24, 2003

Clearly, Oregon has no jurisdiction to regulate boxing matches held outside the state.” TVKO v. Howland, 15 OTR 335, 345-46 (2001) (emphasis in original). … Boxing matches that take place in New York, the Phillippines, or Africa are clearly beyond Oregon’s jurisdiction to regulate.

Eagles Five, LLC v. Lawton

250 Or. App. 413 · Court of Appeals of Oregon · Jun 13, 2012

In other words, to qualify for injunctive relief, it must be shown that the conduct to be enjoined is “probable or threatened.” McCombs et al v. McClelland, 223 Or 475, 485 , 354 P2d 311 (1960). … Walker, 246 Or App 589, 598 , 266 P3d 178 (2011), and must be established by clear and convincing evidence, Thompson v. Schuh, 286 Or 201, 203 , 593 P2d 1138 (1979).

State v. Smith

51 Or. App. 223 · Court of Appeals of Oregon · Mar 16, 1981

The Puyallup 8 cases established that while the right to take fish at usual and accustomed places cannot be qualified by the state, the manner of fishing, size of take and any commercial fishing may be regulated for conservation … As crimes, the offenses would normally require a culpable mental state unless it could be said it was "An offense defined by a statute outside the Oregon Criminal code clearly indicating] a legislative intent to dispense

Mann v. Wetter

100 Or. App. 184 · Court of Appeals of Oregon · Jan 17, 1990

Wetter contends that the language of the release clearly did include him. As a general rule, the construction of a contract is a question of law for the court. … The clause does not provide total immunity; rather, it limits the exemption from liability to negligence claims.

Krivolenkov v. Yandell

District Court, D. Oregon · Sep 21, 2023

immunity because the Court enters summary judgment in Defendants’ favor on the merits of each of Krivolenkov’s constitutional claims. … City of Orange, 485 F.3d 463, 481 (9th Cir. 2007) (denying qualified immunity based on a violent arrest of a “relatively calm trespass suspect”).

State v. Lacey

282 Or. App. 123 · Court of Appeals of Oregon · Nov 9, 2016

Although we could have qualified our holding in that way, we did not. … established Supreme Court precedent. 532 F3d at 145 .

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.)

Remington v. Landolt

273 Or. 297 · Oregon Supreme Court · Oct 16, 1975

As to the two items included in (1), plaintiff would have been entitled to a directed verdict on the issue of liability, if clearly limited to those items, leaving only the issue of damages. … This is a part of the larger problem of establishing the scope of the privilege or immunity for governmental officers.”

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. Mankiller

344 Or. App. 327 · Court of Appeals of Oregon · Oct 22, 2025

“In particular, we look to the harm targeted by the substantive criminal offense to identify who, in the view of the legisla- ture, would qualify as a victim.” State v. … In other words, merger is presumed unless there is evidence supporting findings establishing anti-merger.

Beaver Ventures LLC v. Washington County Assessor

Oregon Tax Court · Jan 27, 2026

The department promulgated a rule requiring separate claim forms for separate authorizations and clearly stated that requirement in its form instructions. … Nor can the court permit Plaintiff to correct its failure to file a claim on appeal because ORS 285C.220 establishes claim filing deadlines.

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.

Henderson v. Ellis

District Court, D. Oregon · Oct 21, 2024

Standing As noted, the allegations of the Complaint concern Patrick, who is not clearly identified in the Complaint. … In such circumstances, the Ninth Circuit held that the proper course of action is to dismiss without prejudice so that the child (through their parent or guardian) may seek the assistance of qualified counsel to vindicate

GTE Northwest Inc. v. Public Utility Commission

130 Or. App. 637 · Court of Appeals of Oregon · Oct 19, 1994

Although the Court in Loretto never clearly defines what is a permanent physical occupation, it does give examples of what it considers to be permanent invasions and temporary invasions. … Although deprivation of the right to use and obtain a profit from property is not, in every case, independently sufficient to establish a taking, it is clearly relevant.

Bollinger Quick Repair, Inc. v. M/V Goliath

965 F. Supp. 1448 · District Court, D. Oregon · Jan 28, 1997

Boyden, 696 F.2d 685, 687 (9th Cir.1983) (cautioning that a vessel qualifying under 1 U.S.C. § 3 may not be a vessel qualifying under Section 10 of the Rivers and Harbors Act). … Jones Stevedoring clearly supplied necessaries which benefited the Goliath.

Phillips v. City of Bend

192 Or. 143 · Oregon Supreme Court · Jul 6, 1951

upon the Equal Protection Clause of the Federal Constitution, and Article I, Section 20 of the Constitution of Oregon, which provides: “No law shall be passed granting to any citizen or class of citizens, privileges or immunities … City of Alexandria, supra, and all of them are clearly distinguishable from the case at bar.