Oregon Supreme Court

Opinions Filed in July 2019

Eastern Oregon Mining Assoc. v. DEQ

If there is ambiguity in the text of the Clean Water Act, courts must look to the agencies' implementing regulations and if those regulations are ambiguous, to the agencies' interpretation and application of their regulations to determine what the act means. Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, 557 US 261, 277-78, 129 S Ct 2458, 174 L Ed 2d 193 (2009)

Area(s) of Law:
  • Environmental Law

Powell Street I v. Multnomah County Assessor

“If the owner of a shopping center has driven out tenants by mismanagement, then that mismanagement is a characteristic of the owner and generally should not affect the property’s real market value for ad valorem tax purposes.”

Area(s) of Law:
  • Tax Law

State v. Gensitskiy

“When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims.” ORS 161.067(2).

Area(s) of Law:
  • Criminal Law

Dept. of Human Services v. J.C.

“The plain text of ORS. 419B.366(6)…establishes two ways a general guardianship can end: when the court terminates the guardianship pursuant to ORS 419B.368 or when the court’s jurisdiction over the ward ends pursuant to ORS 419B.328.”

Area(s) of Law:
  • Juvenile Law

Pilling v. Travelers Ins. Co

Under ORS 656.128, an application for workers' compensation insurance must be in writing, request coverage for a specific person, and contain sufficient information for an insurer to determine the person's work classification and wage for the purposes of setting a preliminary rate for the coverage.

Area(s) of Law:
  • Workers Compensation

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