Case law

State Ex Rel. Stadter v. Patterson

197 Or. 1 · Oregon Supreme Court · Dec 11, 1952

The same procedure followed in 1952 should be equally immune to criticism. … But the amendment is clearly retroactive and on its face it purports to extend the terms of any senator or representative whose terms would have expired on the day following the regular general election in 1952.

Huffman and Wright Logging Co. v. Wade

317 Or. 445 · Oregon Supreme Court · Aug 19, 1993

Robertson, supra, this court established a framework for evaluating whether a law violates Article I, section 8. … But in this case we have found no other conduct that could qualify as this tort. ’ ’ Hall v. The May Dept. Stores, supra, 292 Or at 146-47 (citation omitted). Lewis v.

Norwood v. Washington County

239 Or. App. 542 · Court of Appeals of Oregon · Dec 15, 2010

Plaintiffs argue that the summary judgment record before the court established that there are issues of fact about whether they qualify for a vested right and that they are not precluded from obtaining that relief as a matter … ‘When the dismissal of a declaratory judgment action was clearly based on a determination of the merits of the claim, however, our practice has been to review that determination as a matter of law and then remand for the

Heuel v. Wallowa County

76 Or. 354 · Oregon Supreme Court · May 25, 1915

The title of the act assailed is as follows: “To provide for laying out, establishing, constructing, improving, and relocating county roads; providing for the establishment of road districts and the appointment of supervisors … Of these the court found that 38 were qualified remonstrators.

Chaperon v. Portland Electric Co.

41 Or. 39 · Oregon Supreme Court · Feb 24, 1902

It so qualifies the act as to render it actionable, and the allegation is treated as a statement of an ultimate fact, rather than a mere conclusion of law. 2. … Other instructions requested were clearly covered by the general charge. There being no error in the record, the judgment of the court below will be affirmed, and it is so ordered. Affirmed.

State Land Board v. Nortin

177 Or. 342 · Oregon Supreme Court · Sep 12, 1945

It is an established rule of statutory construction that: “In the absence of anything in the statute clearly indicating a contrary intent, where the same word or phrase is used in different parts of a statute, it will be … The legislature was speaking of lineal descendants, and, as well, of kindred, qualified to inherit.

Scovill v. City of Astoria

324 Or. 159 · Oregon Supreme Court · Sep 6, 1996

Moreover, no such change in substantive law follows from the PGE case. 8 Defendant’s third argument is that defendant is immune under ORS 426.470 for any breach of a duty stated in ORS 426.460(1). … The legislature clearly intended to protect intoxicated persons who, like decedent, are a danger to themselves.

Lowes v. Thompson

374 Or. 23 · Oregon Supreme Court · Jul 17, 2025

court explained that, when the parties contractually agreed not to make disparaging statements, “they necessarily waived the rights—constitu- tional and statutory—to make them, even if those state- ments would otherwise qualify … a building per- mit provided a “substantial basis in fact and law” for developer’s claim (internal citations and quotation marks omitted)); Pennsbury Village, 608 Pa at 325, 11 A3d at 916 (holding that defendant was not immune

Penn Phillips Lands, Inc. v. State Tax Commission

247 Or. 380 · Oregon Supreme Court · Jul 26, 1967

The checkerboard pattern of ownership was undisputed, and the similarity of neighboring land was established. The promotion and sale of “homesites” by other taxpayers was likewise established. … On such evidence the taxpayer has established a prima facie case of unconstitutional discrimination.

Ex parte Kelley

48 F. Supp. 816 · District Court, D. Oregon · Jan 7, 1943

The board members and their paid clerks who have appeared before me in this and another jurisdiction represent a high type of citizenship, and they are entitled to the same immunity from inquiry into their motives and mental … There is nothing in judicial training or experience which would qualify one to pass better judgment in the field of religious interpretation than the boards, carefully selected under the-Act and constituting a cross-section

Schwerdt v. City of Corvallis

163 Or. App. 211 · Court of Appeals of Oregon · Oct 13, 1999

In general terms, the council concluded that the proposed hotel qualifies under applicable LDC provisions as a kind of “civic” use that is permitted in the OSU district. … Habitation’ and ‘Eating and Drinking Establishments’ are commercial use types, the City Council finds that they are also facilities and services customarily associated with major universities.

Lankford v. Commodore Corp.

92 Or. App. 622 · Court of Appeals of Oregon · Aug 24, 1988

No other persons who evaluated her found any job or vocation for which she was qualified and physically able to perform. … We disagree with the Board’s finding that claimant currently performs those duties in caring for her ex-husband, because the record clearly indicates that she does not.

Oregon School Activities Ass'n v. State Board of Education

244 Or. App. 506 · Court of Appeals of Oregon · Jul 27, 2011

Reynolds determined that C qualified as homeless under the McKinney-Vento Act and provided him with the mandated educational and support services. … And the undisputed facts establish that the only interscholastic meets, contests, or championships in which C participated during his senior year occurred on May 9 and May 13, after OSAA’s ruling was declared to be unlawful

Olympia Sauna Compania Naviera, S.A. v. United States

604 F. Supp. 1297 · District Court, D. Oregon · Sep 11, 1984

Both the SAA and the PVA are waivers of sovereign immunity in maritime cases, and Olympia’s claim is clearly maritime in nature. 10 Immunity is not necessarily waived in this case, however. … The simplest way of establishing a line of position is to observe range.

BWK, Inc. v. Department of Administrative Services

231 Or. App. 214 · Court of Appeals of Oregon · Sep 30, 2009

of delivery and other relevant matters of procedure as shall be necessary to carry out the purposes of [the PDIA],” and “establish and publish a list of sources or potential sources of products produced by any qualified … ORS 279.845(2) provided: “The department shall establish and publish a list of sources or potential sources of products produced by any qualified nonprofit agency for disabled individuals and the services provided by any

Kerr v. Bradbury

193 Or. App. 304 · Court of Appeals of Oregon · May 5, 2004

Their general purposes are fairly well-established. … In a city, not more than 15 percent of the qualified voters may be required to propose legislation by the initiative, and not more than 10 percent of the qualified voters may be required to order a referendum on legislation

Sadler v. Oregon State Bar

275 Or. 279 · Oregon Supreme Court · Jun 17, 1976

Plaintiff contends that the Bar failed to prove that the records qualified as exempt records under the provisions of ORS 192.500(2)(c). … The plaintiff contended that an applicable statute, ORS 9.550(2), gave immunity from suit only if the statements were made in good faith and further contended that the libelous statements against him had not been made in

Halvorson v. Sooy

99 Or. App. 255 · Court of Appeals of Oregon · Nov 8, 1989

In his opinion, the estate could qualify for a deferral of as much as 70 percent of the tax. … That advice should clearly have been in writing and was by examining the facts surrounding it, was probably — or was improper advice. * * * * “Q. All right.

Shepard v. City of Portland

829 F. Supp. 2d 940 · District Court, D. Oregon · Oct 31, 2011

In the alternative, defendants argue that they are entitled to qualified immunity, a. … As such, the Court declines to address *969 whether Kahn’s or Johnson’s actions were protected by qualified immunity, ii.

Sanok v. Grimes

294 Or. 684 · Oregon Supreme Court · Apr 19, 1983

The corresponding regulation provides that to qualify as forest land, either the land must have at least a poor stock of established seedlings or the owner must be making a reasonable effort toward reforestation as indicated … Tortious misconduct of the assessors, however heinous, does not qualify plaintiffs land for that tax status.