Clackamas County Assessor v. Village at Main Street Phase II, LLC
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.
Area(s) of Law:- Attorney Fees
SAIF v. DeLeon
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.
Area(s) of Law:- Attorney Fees
State v. Bowen
Entry of a corrected judgment on remand does not trigger the alternative sentencing procedures provided in ORS 138.012(2)(a).
Area(s) of Law:- Appellate Procedure
State v. McBride
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.
Area(s) of Law:- Criminal Law
Weber Coastal Bells Limited Partners v. Metro
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.
Area(s) of Law:- Land Use
Doe v. Corp. of Presiding Bishop
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.
Area(s) of Law:- Constitutional Law
In re Goff
A decision of the Oregon State Bar Disciplinary Panel will be upheld if the record clearly and convincingly demonstrates that a violation occurred.
Area(s) of Law:- Attorney Fees
State v. Bray
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.
Area(s) of Law:- Criminal Procedure
State v. Moss
For purposes of ORAP 8.05(3), the word "surrender" means a voluntary act, not an act in response to force or compulsion.
Area(s) of Law:- Appellate Procedure