Willamette Law Online

Oregon Court of Appeals

( 17 summaries )

Opinions Filed in January 2012

Alto v. City of Cannon Beach

Civil Procedure: A person has statutory standing to challenge a vesting determination under section 5(3) of Measure 49 if the person: (1) owns the property that is the subject of that vesting determination or (2) timely submitted written evidence, arguments, or comments to a public entity concerning the vesting determination.

(Filing Date: 01-25-2012)

Bell v. Tri-Met

Civil Procedure: In an action for a personal injury brought against a public entity after a decedent's death, a two-year statute of limitations applies.

(Filing Date: 01-25-2012)

Berry v. Huffman

Attorney Fees: Attorney fees will not be authorized if the judgment awarding the fees is related to the enforcement of an original marriage dissolution judgment and not a judgment to "set aside, alter, or modify" a previous judgment.

(Filing Date: 01-25-2012)

Butcher v. SAIF

Workers Compensation: Following a modification of a worker's compensation claim, the employee is entitled to total disability compensation as authorized by her doctor, regardless of whether the curative treatment was in the place of hospitalization.

(Filing Date: 01-25-2012)

Dept. of Human Services v. N. T.

Family Law: A Juvenile Court cannot rely on extrinsic facts outside of its jurisdictional judgment when it assesses a permanency plan where such a plan does not implicitly or explicitly encompass those extrinsic facts.

(Filing Date: 01-25-2012)

Lucke v. DPSST

Administrative Law: An order for summary determination favorable to the moving party shall be issued if evidence in the record for the case shows that there is no genuine issue of any material fact that is relevant to resolution of the legal issue as to which a decision is sought.

(Filing Date: 01-25-2012)

Register Guard v. Employment Dept.

Employment Law: Decisions to affirm or reverse an Administrative Law Judge's decision to grant or deny unemployment benefits must be supported by substantial evidence.

(Filing Date: 01-25-2012)

State ex rel Juv. Dept v. S.J.P

Juvenile Law: A Juvenile Court may not order as compensatory damages against a youth if such damages are not recoverable as a remedy to a civil action.

(Filing Date: 01-25-2012)

State v. Brooks

Evidence: Testimony by a witness regarding an out-of-court statement by a non-witness about the credibility of the victim is not inadmissible. An error by the trial court is harmless when the trial court explicitly indicates that it is not relying on the incorrectly admitted evidence.

(Filing Date: 01-25-2012)

State v. Smith

Criminal Procedure: A seizure occurs if an officer manifests a “show of authority” that restricts an individual’s “freedom of movement.”

(Filing Date: 01-25-2012)

Tonquin Holdings, LLC v. Clackamas County

Land Use: Zoning ordinance 1203.01 prohibits approval of a conditional use that substantially limits primary uses of adjacent property. Where both general and special standards are applicable both shall apply, but where the two standards conflict the special standards shall control.

(Filing Date: 01-25-2012)

Elk Creek Management Company v. Harold Gilbert

Landlord Tenant: Retaliatory eviction requires the landlord to have the intention to cause disadvantage to the tenant, motivated by some sort of injury the tenant has caused the landlord. Temporal proximity of a tenant’s complaint to a landlord and subsequent eviction is not sufficient for a tenant to establish a presumption of retaliation that would shift the burden to the landlord to demonstrate the eviction was not retaliatory.

(Filing Date: 01-05-2012)

Gambaro v. Dept. of Justice

Civil Procedure: To overcome an adverse ruling on appeal, the appellant must overcome each alternative ground used by the trial court to justify its holding.

(Filing Date: 01-05-2012)

Hemingway and Mauer

Family Abuse Prevention Act: In exercising its discretion, the trial court has the authority to control the presentation of evidence and the examination of witnesses. The exercise of authority is reasonable only if it is fundamentally fair and allows opportunities for a reasonably complete presentation of evidence and argument.

(Filing Date: 01-05-2012)

Robinson v. Harley-Davidson Motor Company

Civil Procedure: To establish personal jurisdiction, a plaintiff must allege sufficient minimum contacts by the defendant with the forum state, and that the claim arises out of those contacts.

(Filing Date: 01-05-2012)

State v. Anthony

Evidence: A hearsay statement is admissible if (1) the declarant is unavailable, (2) the statement is inculpatory, and (3) there is corroboration of the trustworthiness of the statement.

(Filing Date: 01-05-2012)

State v. Kinkade

Criminal Procedure: Under State v. Ashbaugh, a seizure occurs when law enforcement intentionally and significantly restricts an individual’s liberty and under the totality of the circumstances that person believes he lost his liberty.

(Filing Date: 01-05-2012)