Oregon Supreme Court

Opinions Filed in April 2015

Moro v. State of Oregon

The legislature cannot enact laws that would retroactively disable a defined benefit of government employee pension plans (PERS), and to do so would be in violation of the Oregon Constitution. The legislature can, however, prospectively change those benefits.

Area(s) of Law:
  • Employment Law

State v. Lykins

Under ORS 162.285, the victim of the crime of tampering with a witness is the state in its official capacity as administrator of justice. Under OAR 213-008-0002, a convicted defendant is subject to aggravated sentencing when the direct victim of the substantive crime is “particularly vulnerable.”

Area(s) of Law:
  • Sentencing

Sather v. SAIF

Under ORS 656.218, a worker’s estate may receive an award of benefits if the worker died prior to a final determination of benefits and in the absence of persons otherwise eligible to receive them, but if the estate is not satisfied, it cannot pursue a claim.

Area(s) of Law:
  • Workers Compensation

Willamette Estates II, LLC v. Dept. of Revenue

Under OAR 150-306.115, an assessor may petition DOR to correct a discrepancy in the tax rolls. Further, while taxpayer was allowed to challenge the value of component parts of property separately, that does not limit DOR’s authority to correct errors in the tax rolls.

Area(s) of Law:
  • Tax Law

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