1000 Friends of Oregon v. Jackson County
Under Goal 3 under OAR 660-004-0022(3)(2): Resource land used for the development of industrial businesses outside of urban growth boundaries may be appropriate if there is a "significant comparative advantage due to its location (e.g., near existing industrial activity, an energy facility, or product available from other rural activities, which would benefit the county economy and cause only minimal loss of productive resource lands."
Area(s) of Law:- Land Use
Albar and Najjar
“A court may exercise personal jurisdiction over a nonresident consistent with constitutional due process guarantees only if the nonresident has purposefully established sufficient ‘minimum contacts’ with the forum state ‘such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.’” International Shoe Co. v. State of Washington, Office of Unemployment Compensation and Placement, 326 US 310, 316, 66 S Ct 154, 90 L Ed 95 (1945).
Area(s) of Law:- Family Law
Dept. of Human Services v. T.M.D.
“Where a parent is unable or unwilling to rehabilitate himself or herself within a reasonable time * * * the best interests of the child(ren) generally will require termination of that parent’s parental rights.” State ex rel Juv. Dept v. Geist, 310 Or. 176, 189, 796 P.2d 1193 (1990).
Area(s) of Law:- Family Law
Hoag Living Trust v. Hoag
"A party who relies on partial performance must show, '[1] the existence of an agreement that is clear and unambiguous in its terms, [2] that the partial performance unequivocally and exclusively refers to the agreement, and [3] that there are equitable grounds for enforcing the agreement.' Burgdorf v. Weston, 259 Or App 755, 758, 316 P3d 303 (2013)."
Area(s) of Law:- Trusts and Estates
Nemecek v. Taylor
“Whether a petitioner has demonstrated prejudice is a question of law that, in turn, may depend on predicate findings of fact.” Hayward v. Belleque, 248 Or App 141 (2012). “If the post-conviction court failed to make findings of fact on all the issues and there is evidence from which such facts could be decided more than one way we will presume that the facts were decided consistently with the post-conviction court’s conclusions of law.” Everett v. Premo, 279 Or App 470 (2016).
Area(s) of Law:- Criminal Law
Nicole McLaughlin v. Kenneth Wilson, M.D.
Pursuant to ORS 659A.030(1)(f), “(1) It is an unlawful employment practice: (f) [f]or any person to discharge, expel or otherwise discriminate against any other person because that other person has opposed any unlawful practice, or because that other person has filed a complaint, testified or assisted in any proceeding under this chapter or has attempted to do so.”
Area(s) of Law:- Employment Law
Portland Metro. Assn. of Realtors v. City of Portland
"A case becomes moot when a court’s decision will no longer have a practical effect on the rights of the parties” which requires the moving party “to identify any collateral consequences that he or she contends has the effect of producing the required practical effects of a judicial decision” and demonstrate that “any of those identified collateral consequences either does not exist or is legally insufficient.” State v. K. J. B., 362 Or 777 (2018)
Area(s) of Law:- Administrative Law
Scharfstein v. BP West Coast Products, LLC
Under ORS 646.608(1)(u), the Attorney General has rulemaking authority for protecting consumers from “any other unfair or deceptive conduct in trade or commerce.” BP West Coast Products, LLP v. Dept. of Justice, 284 Or App 723, 725, 396 P3d 244, rev den, 361 Or 800 (2017).
Area(s) of Law:- Administrative Law
State v. Davis-Pinney
In similar situations where the trial court erroneously prohibited merger, “the Court vacated convictions where the trial court erroneously concluded that ORS 161.067(3) precluded merger and remanded for the trial court to consider the potential applicability of ORS 161.067(2).” State v. Reeves, 250 Or App 294, 280 P3d 994 (2012).
Area(s) of Law:- Sentencing
State v. Lewis
A person has to commit second-degree online sexual corruption and take substantial steps to meet the child to commit first-degree sexual corruption. ORS 163.433. To commit second-degree sexual corruption " (1) a person who is 18 years of age or older (2) for the purpose of arousing or gratifying the sexual desire of the person or another person (3) knowingly uses an online communication to solicit a child to engage in sexual contact or sexually explicit conduct and (4) offers or agrees to physically meet with the child." ORS 163.432(1). To solicit means "to invite, request, seduce, lure, entice, persuade, prevail upon, coax, coerce or attempt to do so." ORS 163.431(5).
Area(s) of Law:- Criminal Law
State v. Rives
“Where an eyewitness has been exposed to suggestive police procedures, the trial court has a ‘heightened role as an evidentiary gatekeeper because “traditional” methods of testimony reliability–like cross-examination–can be ineffective at discrediting unreliable or inaccurate eyewitness identification evidence.’” Lawson/James, 352 Or. 724, 758, 291 P.3d 673, 694-95 (2012).
Area(s) of Law:- Evidence
Woodroffe v. State of Oregon
It is improper for a trial court to grant summary judgment on an issue that is not raised in the moving party’s motion. Eklof v. Steward, 360 Or 717, 736, 385 P3d 1074 (2016).
Area(s) of Law:- Civil Law
Coos County Airport Dist. v. Special Districts Ins.
If contract term interpretations are ambiguous and without plain meaning when examined in context of the policy as a whole, the Court will construe the remaining plausible interpretations against the drafter and in favor of the insured. Hoffman Construction Co. v. Fred S. James & Co., 313 Or 464, 469, 836 P2d 703 (1992).
Area(s) of Law:- Insurance Law
Fred Meyer Stores, Inc. v. DeBoard
Under ORS 656.266(2)(a), the burden of proving that an injury or occupational disease is on the worker, and once a worker establishes an otherwise compensable injury, the employer bears the burden of proof to establish that the injury is not a major contributing cause of the disability.
Area(s) of Law:- Workers Compensation
Holt and Atterbury
" A person who establishes emotional ties with a child that creates a child-parent relationship may petition or file for custody, intervene for placement or guardianship of the child. ORS 109.119(1). To decide if a presumption has been rebutted, the Court can look to, but not limited to, the following evidence: "the legal parent is unwilling or unable to care adequate for the child; the petition or intervenor is or recently has been the child's caretaker; circumstances detrimental to the child exist if relief is denied; the legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor; or the legal parent has unreasonably denied or limited contact between the child and the petition or intervenor." ORS 109.119(4)(b).
Area(s) of Law:- Family Law
Jewell v. SAIF
When a condition causing the claimant’s symptoms establishes that the condition developed gradually over time, the claimant has not experienced an injury, and the claim must be analyzed as an occupational disease. Luton v. Willamette Valley Rehabilitation Center, 272 Or App 487, 490, 356 P3d 150 (2015)
Area(s) of Law:- Workers Compensation
Marshall v. Cannady
In order “to preserve an argument for appeal, ‘[a] party must provide the trial court with an explanation of his or her objection that is specific enough to ensure that the court can identify its alleged error with enough clarity to permit it to consider and correct the error immediately, if correction is warranted.’” Justice and Crum, 265 Or App 635 (2014).
Area(s) of Law:- Evidence
Neikes v. Ticor Title Company of Oregon
The existence and amount of [the] damages must be established with reasonable certainty. If the trier of fact must resort to speculation, conjecture or surmise, a claim of damages with fail. Newell v. Weston, 150 Or. App. 562, 582, 946 P2d 691 (1997) rev den, 327 Or 317 (1998)
Area(s) of Law:- Civil Law
State ex rel Smith v. Hitt
“Term limits are not qualifications but, rather permissible exercise[s] of state power to regulate the ‘Times, Places and Manner of holding Elections’” U.S. Term Limits, Inc. v. Thornton, 514 US 779, 828, 832-33, 115 S Ct 1842, 131 L Ed 2d 881 (1995). “Where a state constitution provides for certain officials and names the qualifications for such officers, the legislature is without authority to prescribe additional qualifications unless the constitution, either expressly or by implication, gives the legislature such power.” State ex rel. Powers v. Welch, 198 Or 670, 672-73, 259 P2d 112 (1953).
Area(s) of Law:- Election Law
State v. Blueback
When the Department of Transportation issues license plates, ORS 803.525 requires that a vehicle be issued two license plates and, when taken in conjuncture with ORS 803.540(1)(b), require that the “vehicle’s driver display two plates.”
Area(s) of Law:- Criminal Procedure
State v. Guffey
“Oregon cases interpreting Brady have required defendant to make some showing, beyond mere speculation, that the evidence he seeks will be favorable to him and material to his guilt or innocence.” State v. Spada, 33 Or. App. 257, 259, 576 P.2d 33, 34 (1978).
Area(s) of Law:- Evidence
State v. McMillin
When determining who is the victim of a crime, “the court examines the statute to identify the gravamen of the crime and determine the class of person whom the legislature intended to directly protect by ay of the criminal proscription. State v. Moncada, 241 Or App 202, 250 P3d 31 (2011), rev den, 351 Or 545 (2012). Under ORS 161.165(1), “a person is not criminally liable for the conduct of another constituting a crime if” the “person is a victim of that crime.”
Area(s) of Law:- Criminal Law
State v. Pucket
Oregon distinguishes between laws that focus on the content of speech or writing and laws that focus on the pursuit or accomplishment of forbidden results. State v. Plowman, 314 Or 157, 164, 838 P2d 558 (1992), cert den, 508 US 974 (1993).
Area(s) of Law:- Constitutional Law
State v. Rosales
“An officer may not conduct investigations unrelated to the stop’s mission ‘in a way that prolongs the stop, absent reasonably suspicion.’ A dog sniff is aimed at detecting ‘ordinary criminal wrongdoing’ and is ‘not ordinary incent of a traffic stop.’” Rodriguez v. United States, 135 S. Ct. 1609, 1615 (2015).
Area(s) of Law:- Criminal Procedure
State v. Smith
The “record must support a nonspeculative inference that there is a causal relationship between the defendant’s criminal activities and the victim’s economic damages.” State v. Akerman, 278 Or App 486, 490, 380 P3d 309 (2016).
Area(s) of Law:- Sentencing
Timothy C. Guild v. SAIF Corporation
“If the board’s finding is reasonable in the light of countervailing as well as supporting evidence, then the finding is supported by substantial evidence.” Elsea v. Liberty Mutual Ins., 277 Or App 475, 476, 371 P3d 1279 (2016); ORS 656.298; ORS 183.482(7) - (8).; ORS 183.482(8)(c) (“Substantial evidence exists to support a finding of fact when the record, viewed as a whole, would permit a reasonable person to make that finding.”).
Area(s) of Law:- Workers Compensation
Blevins v. Oregon Health Authority
When submitting a final administrative order, “an administrative agency must state its factual findings and articulate a ‘rational connection between the facts it finds and the legal conclusions its draws from them,’” in order to meet the substantial reason rule. Drew v. PSRB, 322 Or 491, 499-500, 909 P2d 1211 (1996).
Area(s) of Law:- Administrative Law
Bowerman v. Lane County
Under ORS 92.190, local governments “may use procedures other than replatting procedures in ORS 92.180 and 92.185 to adjust property lines as described in ORS 92.010(12)” with the only limitation being that the procedures “must provide for recording of approved property line adjustments.”
Area(s) of Law:- Land Use
Hartvigson v. SAIF
Under ORS 656.308(2)(d), a claimant may receive attorney fees when an employer initially denies responsibility for an injury and then rescinds that denial. Brown v. SAIF, 361 Or 241, 280-81, 391 P3d 773 (2017).
Area(s) of Law:- Employment Law
Siragusa and Siragusa
"Provisions of a stipulated dissolution agreement, although approved by the court and incorporation into a dissolution judgment, are interpreted in accordance with principles of contract construction," McDonnal and McDonnal, 293 Or. 772, 780, 652 P.2d 1247, 1251 (1982), "taking into consideration the intent of the parties, the circumstances under which it was made, and the entire instrument." Waterman v. Armstrong, 291 Or. 551, 558, 633 P.2d 774, 778 (1981).
Area(s) of Law:- Contract Law
State of Oregon v. T.W.
In order to prove that a person is a danger to himself, the state must show that their “mental disorder will cause him to behave in a way that is likely to result in actual serious physical harm to himself in the near future.However, the required expectation of actual serious physical harm must be established by more than mere speculation or conjecture.” State v. L. D., 247 Or App 394, 399, 270 P3d 324 (2011)
Area(s) of Law:- Civil Commitment
State v. Goennier
In the case of a warrantless search, “it is the state’s burden to show that the search was supported by probable cause. Probable cause exists if the facts on which the officers relied would ‘lead a reasonable person to believe that seizable things will probably be found in the location to be searched.’” State v. Anspach 298 Or 375, 381, 692 P2d 602 (1984).
Area(s) of Law:- Criminal Procedure
State v. McDonald
Restitution can be award at Trial Court "'[w]hen a person is convicted of a crime . . . that has resulted in economic damages.'" ORS. 137.106(1)(a). By a preponderance of the evidence, the state must prove, "'(a) criminal activities, (2) economic damages, and (3) a causal relationship between the two.'" State v. Kirkland, 268 Or App 420, 424, 342 P3d 163 (2015).
Area(s) of Law:- Remedies
State v. Miller
Under the holding of State v. Rodriguez/Buck, 347 Or 46, 217 P3d 659 (2009), a punishment may be declared unconstitutional if it is so disproportionate when compared to the offense so as to "shock the moral sense" of reasonable people.
Area(s) of Law:- Criminal Law
State v. Ritz
When it comes to exigent circumstances, “the mere possibility that defendant could make a break if he were so inclined” does not give rise to exigency “when there is no indication that he is, in fact, so inclined.” State v. Peller, 287 Or 255 (1979).
Area(s) of Law:- Criminal Procedure
State v. Stinnett
Prejudice can be present in three ways: "'excessive pretrial incarceration, anxiety and concernt of the defendant, and impaired defense." State v. Emery, 318 Or 460, 473-74, 869 P2d 859 (1994).
Area(s) of Law:- Criminal Procedure
Bora Architects/Allgood v. Tillamook
Under ORS 215.427(4), the deadline will always run from the date that the application was submitted, regardless of action or inaction on the part of the county.
Area(s) of Law:- Land Use
State v. Covington
When determining if an in camera review is required, the defendant must “demonstrate that the items of which he sought review would have been material and favorable to his defense” and the trial court must decide whether to undertake that review considering “the facts and circumstances of the particular case, the volume of materials at issue, the relative importance of information sought, and whether such information might be available from non-privileged sources.” State v. Cockrell, 284 Or App 674 (2017), State v. Lammi, 278 Or App 690 (2017).
Area(s) of Law:- Criminal Law
State v. Peterson
“An out-of-court statement about the credibility of a witness is subject to the categorical prohibition against vouching evidence only if the statement is offered the truth of credibility opinion that it expresses.” State v. Chandler, 360 Or. 323, 334, 380 P.3d 932, 938 (2016). Additionally, a court may enter separate convictions when “the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an elements that others do not.” ORS 161.067(1).
Area(s) of Law:- Constitutional Law
State v. Warren
“Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith,” but can be admissible to prove other purposes such as “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistaken accident.” OEC 404(3). The evidence must be in similar to the charged crime (true plan) to establish that the defendant formed a plan and used the other evidence as steps to perform that plan.
Area(s) of Law:- Evidence
State v. Wilson
A police officer’s unaided observation of a persons conduct, from a lawful vantage point, should not be suppressed as the product of an unlawful search when, “persons conduct themselves in otherwise protected areas in such a way that their words or acts can plainly be seen or heard outside without any special effort.” State v. Louis, 296 Or 57, 61, 672 P2d 708 (1983).
Area(s) of Law:- Criminal Law
Timmerman v. Herman
Under ORS 90.370(1)(b), Tenants are entitled to possession when when “the damages awarded the tenant on her counterclaims exceed[] the amount of unpaid rent the landlord claimed was due.” L & M Investment Co. v. Morrison, 44 Or App 309, 313, 605 P2d 1347, rev den, 289 Or 275 (1980).
Area(s) of Law:- Landlord Tenant
Troubled Asset Solutions v. Wilcher
Reformation is “an equitable remedy by which a court may revise the written expression of an agreement to conform to the intentions of the parties to it.” A & T Siding, Inc., 358 Or at 42. “There is a strong presumption that a deed expresses what the parties had in mind, and the burden of overcoming the presumption rests on the party seeking reformation.” Murray v. Laugsand, 179 Or App 291, 300, 39 P3d 241 (2002)
Area(s) of Law:- Property Law