Case law

Central Oregon Landwatch v. Jefferson County

Court of Appeals of Oregon · May 1, 2024

Specifically, as DLCD specifically advised the county, because petitioner’s proposal requested two-acre lots, which qualify as an urban use, OAR 660-004-0040(7), “the county may not approve an exception to Goal 14 based on … The exact nature and extent of the areas found to be irre- vocably committed to urban levels of development shall be clearly set forth in the justification for the exception.

Minnix

District Court, D. Oregon · Oct 25, 2025

And whether Plaintiff, or for that matter this Court, thinks the most recent revision could be written more clearly is not grounds for issuance of a TRO. … The deprivation of a constitutional right is sufficient to establish irreparable injury. Melendres v. Arpaio, 695 F.3d 990, 1002 (9th Cir. 2012) (citing Elrod v. Burns, 427 U.S. 347, 373 (1976)).

Dowell v. Oregon Mutual Ins. Co.

Oregon Supreme Court · Feb 16, 2017

Consequently, plain- tiff asserts that transportation costs to obtain medical ser- vices qualify as PIP benefits. … However, as the majority acknowledges, the text of ORS 742.524(1)(a) is not so clearly limited; it can be read to require payment of such expenses.

Central Oregon Landwatch v. Jefferson County

Court of Appeals of Oregon · May 1, 2024

Specifically, as DLCD specifically advised the county, because petitioner’s proposal requested two-acre lots, which qualify as an urban use, OAR 660-004-0040(7), “the county may not approve an exception to Goal 14 based on … The exact nature and extent of the areas found to be irre- vocably committed to urban levels of development shall be clearly set forth in the justification for the exception.

Cumming v. Nipping

310 Or. App. 780 · Court of Appeals of Oregon · Apr 21, 2021

At some point, however, they discovered that the property did not qualify for conventional financing, due to its condition and other circumstances, and had to be pur- chased for cash. … Bona Fide Purchasers without Notice Having concluded that plaintiff established the first requirement, we proceed to the second Tupper requirement: establishing that defendants were not “bona fide purchas- er[s]

Chernaik v. Brown

367 Or. 143 · Oregon Supreme Court · Oct 22, 2020

The circuit court concluded that (1) plaintiffs’ requested declaratory relief exceeded the court’s authority under Oregon’s Declaratory Judgment Act, (2) plaintiffs’ claims were barred by sovereign immunity, (3) the requested … Applying that test, plaintiffs conclude that the atmosphere qualifies as a public trust resource.

OHSU v. Oregonian Publishing Co., LLC

Oregon Supreme Court · Oct 19, 2017

OHSU, 278 Or App at 194 n 3. 16  Because The Oregonian has not separately analyzed the categories of information that it requested in terms of whether those categories independently qualify as protected health information … Oregonian Publishing Co., LLC ‘* * * medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.’ ” Id. (quoting 5 USC § 522(b)(6)).

Mughal v. Dept. of Rev.

Oregon Tax Court · Sep 27, 2024

filing dates, establishing statements made on the face of those documents, or establishing other facts “not subject to reasonable dispute.” … Nothing in the record suggests that they would have qualified as valuation experts or as experts on construction rules or techniques, or damage assessment.

Dowell v. Oregon Mutual Insurance Co.

361 Or. 62 · Oregon Supreme Court · Feb 16, 2017

Consequently, plain- tiff asserts that transportation costs to obtain medical ser- vices qualify as PIP benefits. … However, as the majority acknowledges, the text of ORS 742.524(1)(a) is not so clearly limited; it can be read to require payment of such expenses.

Foundation of Human Understanding v. Talk Radio Network, Inc.

District Court, D. Oregon · Dec 23, 2022

The Court concludes that FHU has established continuous use of the property. 5. … Hostility may also be established by “claim of right or with color of title.” ORS 105.620(2)(a).

State v. Lavitsky

171 Or. App. 506 · Court of Appeals of Oregon · Dec 20, 2000

Clearly, both cannot be correct. For the reasons stated below, I conclude that Henderson is an anomaly and should be overruled. [1] It is inconsistent with several of our subsequent cases. … But we also agree with defendant that the provision qualifies as an erroneous term.

Linton-Helms v. State of Oregon

District Court, D. Oregon · Mar 1, 2021

Miller declares that Simcoe “indicated that she wished to accept the offer” but had questions about whether a furlough would be possible and whether she would qualify for Alternative Incarceration Programs. … Evid 404(b) which bars the use of prior crimes, wrongs, or other acts to establish that a person acted in accordance with his character on a particular occasion.

Time Warner v. Dept. of Rev.

Oregon Tax Court · Mar 31, 2025

A “List of Systems” was attached to the affiliate agreement, which reflected “Qualifying Systems” carrying HBO programming and subject to the agreement. (Id. at 5, 57-71.) … The networks were clearly aware of their viewers in Oregon: they received monthly subscriber reports from third-party affiliates, upon which payment was calculated.

OHSU v. Oregonian Publishing Co., LLC

Oregon Supreme Court · Oct 19, 2017

OHSU, 278 Or App at 194 n 3. 16  Because The Oregonian has not separately analyzed the categories of information that it requested in terms of whether those categories independently qualify as protected health information … Oregonian Publishing Co., LLC ‘* * * medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.’ ” Id. (quoting 5 USC § 522(b)(6)).

Eagle Star Rock Products LLC v. PCC Structurals, Inc.

District Court, D. Oregon · Nov 11, 2024

The parties do not dispute whether PCB-contaminated fill materials qualify as a “solid or hazardous waste.” … As discussed in more detail below, these investigation and monitoring costs may qualify as “necessary” costs recoverable under CERCLA.

Godard v. Dept. of Rev.

Oregon Tax Court · Apr 7, 2022

In general, terms have “the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required or the term is specifically … Comm’r, 55 TCM (CCH) 817 (1988), the court looked to the regulation to determine whether property qualified for a depreciation deduction under the Accelerated Cost Recovery System (ACRS) under IRC section 168, which was

Columbia Sportswear Company v. Ferreira

District Court, D. Oregon · Sep 12, 2023

“Rule 408 is designed to ensure that parties may make offers during settlement negotiations without fear that those same offers will be used to establish liability should settlement efforts fail.” Rhoades v. … The court held that “on its face” the letter qualified as a settlement communication. Id.

J.N. v. Oregon Department of Education

District Court, D. Oregon · Sep 1, 2020

. § 1400 et seq., establishes a comprehensive regulatory framework to meet the educational needs of children with disabilities. … Dist., 556 F.3d 900, 909 (9th Cir. 2009) (“Procedural inadequacies that result in the loss of educational opportunity . . . clearly result in the denial of a FAPE[]” under the IDEA); N. B. v.

Rosenblum v. John Does 1-10

District Court, D. Oregon · Jul 24, 2020

The category of interests that qualify as “quasi-sovereign” is relatively broad. … In both instances of a federal seizure it is either admitted or clearly visible that the agents’ uniforms say “Police.”

Tate v. Freedom Mortgage Corporation

District Court, D. Oregon · Nov 17, 2023

An inquiry must take the form of a “qualified written request,” or “QWR.” … A Rule 12(f) motion to strike “is disfavored and should only be granted if the asserted defense is clearly insufficient as a matter of law under any set of facts the defendant might allege.” Est.