Case law

Jaqua v. City of Springfield

193 Or. App. 573 · Court of Appeals of Oregon · Jun 9, 2004

The OHP Action statement establishes a trigger for a finding that a land use action “significantly affects” a transportation facility, and it further establishes a standard of performance should there be such a circumstance … Under that assumption, there would be no violation of established performance standards, with one exception.

Riensche v. Department of Revenue

8 Or. Tax 304 · Oregon Tax Court · Mar 20, 1980

Gibson’s appraisal report, PI Ex 2, 5: "Clearly, growth rates vary widely depending on site class, tree age and spacing of trees. … Gartz in that he established two categories for the determination of logging costs; i.e., the first category consisted of prime stands of merchantable timber containing 3 MBF or more per acre; the second, the costs of logging

Underwood v. Cox

District Court, D. Oregon · Dec 23, 2020

. § 1915A, and dismissed with prejudice two federal defendants shielded from suit by judicial and quasi-judicial immunity (ECF No. 9). … Mandatory injunctive relief is disfavored, and should be denied at the preliminary injunction stage unless the facts and law clearly favor the moving party. Stanley v. Univ. of S.

Kishna v. USA Fish and Wildlife Services

District Court, D. Oregon · Feb 7, 2023

Second, it must assess whether the action is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune to such relief. 28 U.S.C. § 1915(e)(2 … The complaint must clearly establish the claims and parties such that a defendant would have “no difficulty in responding to the claims with an answer and/or with a Rule 12(b)(6) motion to dismiss.” Hearns v.

Portland General Electric Co. v. Department of Revenue

11 Or. Tax 78 · Oregon Tax Court · Sep 8, 1988

Rather, the transaction between plaintiff and ARCO was an arm’s-length transaction negotiated by the parties to establish a price which was paid in cash. … would fail to qualify as a valid sale-lease-back arrangement. a 4 From one point of view the manner by which the tax benefits are transferred should not be important.

SAIF v. Wild

237 Or. App. 454 · Court of Appeals of Oregon · Sep 29, 2010

In addition, OAR XXX-XXX-XXXX(8), "Requirements for Claim Closure," specifies that "[a] copy of the Notice of Closure must be mailed to each of the following persons at the same time, with each copy clearly identifying the … former attorney. [6] Effective January 1, 2010, the WCD has clarified: "(1) If a worker is deceased, regardless of the cause of death, an insurer must address all future notices and correspondence to the worker's estate or qualified

Phillips v. Creighton

211 Or. 645 · Oregon Supreme Court · Oct 16, 1957

His testimony, as I shall presently show, establishes that the car which he saw was Gosser's. … However, the admonitions which qualify duties in terms of reasonableness were incorporated within the requested instructions, as we see from the following taken from the requested instruction: "to keep a reasonably constant

Brown v. SAIF

Oregon Supreme Court · Mar 30, 2017

Ordinarily, we think of medical evidence as establishing medical conditions that result from events that occur, not as establishing a particu- lar sequence of events that happened on the job. … Finally, OTLA argues that two other statutes use the words “injury” and “condition” clearly to mean different things.

Bala v. Oregon Health & Science University

District Court, D. Oregon · Aug 12, 2024

Defendants Henrikson and Cigarroa were denied qualified immunity. Defendants appealed the denial of qualified immunity. … On February 2, 2024, the Ninth Circuit issued a memorandum opinion affirming the denial of qualified immunity and also held that 42 U.S.C. § 1981 did not provide an implied cause of action. Mem. Op., ECF 191.

Columbia Riverkeeper v. Clatsop County

238 Or. App. 439 · Court of Appeals of Oregon · Nov 3, 2010

That term would clearly encompass construction of powerlines and gas pipelines. … In other management units, where resource values are conserved or not immunized from development effects, alterations of the estuary that produce significant impacts are allowed.

State v. Bonilla

358 Or. 475 · Oregon Supreme Court · Dec 31, 2015

warrantless search of the box was justified under Article I, section 9, on the ground that a person with apparent authority — from the perspective of the police officers — had given her consent, and that that was sufficient to qualify … Here, the parties’ specific legal theories pertaining to consent were never clearly laid out in the trial court. Granted, the state did not advance an apparent authority theory of consent before the Court of Appeals.

First National Bank v. Connolly

172 Or. 434 · Oregon Supreme Court · Sep 16, 1942

That information was withheld from her purposely, not, as the evidence clearly shows, from any wrongful or sinister motive, but because the members of the family in this country felt that Mrs. … Connolly, whenever or however it might be established."

State v. Stockton

310 Or. App. 116 · Court of Appeals of Oregon · Mar 17, 2021

The evidence did not qualify for admission under the doctrine of chances because it did not arise from a series of uncommon and similar, claimed accidental events. See State v. … While testifying about the incident, T struggled to recall certain details, but she appeared to clearly recall the abuse itself. C.

State v. Lynch

305 Or. App. 122 · Court of Appeals of Oregon · Jul 1, 2020

restitution contained in the agreement is “illegal” to the extent that it would restrict the city’s ability to seek resti- tution outside that time limit, any right the city had under Article I, section 42(1)(d), was a qualified … That was clearly how the parties, and the trial court, understood the matter.

Potts

District Court, D. Oregon · Apr 13, 2026

To qualify for in forma pauperis status, a civil litigant must demonstrate that the litigant is unable to pay court fees. 28 U.S.C. § 1915(a)(1); O’Loughlin, 920 F.2d at 617. … A Court must also assess whether the action is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune. 28 U.S.C. § 1915(e)(2)(B).

State v. T. T.

308 Or. App. 408 · Court of Appeals of Oregon · Jan 6, 2021

Evidence of the odor of marijuana generally Previously, we have rejected arguments that non- qualified testimony about the smell of marijuana would fail to establish reasonable suspicion. … Vermont concluded that the weight of testimony about a smell of marijuana is strongly tied to testimony qualifying that smell.

Garcia v. Amsberry

District Court, D. Oregon · Nov 9, 2020

clearly established precedent if the state court applies a rule that contradicts the governing law set forth in [the Supreme Court's] cases" or "if the state court confronts a set of facts that … For all of these reasons, the PCR court’s decision to deny relief on Petitioner’s Ground Three claim was neither contrary to, nor an unreasonable application of, clearly established federal

Oberg v. Honda Motor Co.

316 Or. 263 · Oregon Supreme Court · May 20, 1993

Those terms appear in the two preceding constitutional provisions, where they clearly refer only to crimes. … The Fourteenth Amendment to the Constitution of the United States provides in part: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any

State v. Nortin

170 Or. 296 · Oregon Supreme Court · Dec 2, 1942

When the specific occasion in question has been called to the attention of the witness to be impeached, and it clearly appears that such occasion is identified in his mind, and he is then asked concerning the specific inconsistent … his mind, together with such circumstances of time, place, and persons present as to enable him to readily understand the particular statements alluded to by the questioner, and he then denies making any, or attempts to qualify

Marincovich v. Lautenbacher

553 F. Supp. 2d 1237 · District Court, D. Oregon · Mar 31, 2008

A Court must look at the decision not as the biologist or statistician that courts are qualified neither by training nor experience to be, but as a reviewing court exercising its narrowly defined duty of holding agencies … NMFS also found and plaintiffs fail to demonstrate clearly any successful completely isolated hatchery system persisting for any appreciable time. See AR 2167-01.