Willamette Law Online

Oregon Supreme Court

( 9 summaries )

Opinions Filed in June 2012

Clackamas County Assessor v. Village at Main Street Phase II, LLC

Attorney Fees: The Tax Court may only consider the factors specified in ORS 20.075(1) when exercising its discretion to award attorney fees. Additionally, when considering whether or not an enforcing agency has a reasonably interpretation of a statute, a tax court should consider whether and how it has been construed by the Supreme Court.

(Filing Date: 06-28-2012)

SAIF v. DeLeon

Attorney Fees: Under ORS 656.382(2), when a claimant obtains an award of attorney fees and the insurer initiates a review, it is the final decision and tribunal that determines whether the award should be disallowed or reduced.

(Filing Date: 06-28-2012)

State v. Bowen

Appellate Procedure: Entry of a corrected judgment on remand does not trigger the alternative sentencing procedures provided in ORS 138.012(2)(a).

(Filing Date: 06-28-2012)

State v. McBride

Criminal Law: Under ORS 163.575(1)(b), the state must prove that the defendant engaged in affirmative conduct which authorized or made it possible for minors to be present during the course of illegal drug activity.

(Filing Date: 06-28-2012)

Weber Coastal Bells Limited Partners v. Metro

Land Use: Language in a land use final order on remand which contradicts the LUBA holding is surplusage and without legal effect. A party automatically has standing before the Supreme Court by virtue of participation in LUBA hearings.

(Filing Date: 06-28-2012)

Doe v. Corp. of Presiding Bishop

Constitutional Law: Article I, section 10 of the Oregon Constitution places it within the discretion of the trial court to vacate its own protective orders as well as to may release redacted copies of exhibits to the public.

(Filing Date: 06-14-2012)

In re Goff

Attorney Fees: A decision of the Oregon State Bar Disciplinary Panel will be upheld if the record clearly and convincingly demonstrates that a violation occurred.

(Filing Date: 06-14-2012)

State v. Bray

Criminal Procedure: Under ORS 147.537(8), an interlocutory appeal from a contested court order must be brought within 7 days from the issuance of the order.

(Filing Date: 06-07-2012)

State v. Moss

Appellate Procedure: For purposes of ORAP 8.05(3), the word "surrender" means a voluntary act, not an act in response to force or compulsion.

(Filing Date: 06-07-2012)