Justia Oregon Supreme Court Opinion Summaries

A landlord sought to terminate a rental agreement with a tenant due to extensive property damage caused by the tenant's guinea pigs. The landlord issued a 30-day termination notice stating that no cure opportunity was available because the damage was too extensive to repair while the tenant remained on the premises. The tenant did not vacate, leading the landlord to initiate an eviction action.The trial court ruled in favor of the landlord, finding that the termination notice complied with ORS 90.392(3)(c) because the repairs were too costly and extensive for the tenant to complete within the minimum 14-day cure period. The tenant appealed, arguing that the notice was invalid because it did not inform him of his right to cure the violation.The Court of Appeals affirmed the trial court's decision, holding that a landlord's termination notice need not state that a violation can be cured if the landlord determines that it is unreasonable to believe that any tenant could cure the violation within the prescribed time period.The Oregon Supreme Court reviewed the case and reversed the lower courts' decisions. The court held that a termination notice under ORS 90.392 must state that a violation can be cured when, as a matter of law, the tenant has a right to cure the violation. The court concluded that a tenant has a right to cure all violations that can be the basis for termination under ORS 90.392, except for certain repeat violations described in ORS 90.392(5). Because the violation in this case was one that the tenant had a right to cure, the landlord's notice was invalid for failing to state that the violation could be cured. The case was remanded to the circuit court for further proceedings. View "KKMH Properties, LLC v. Shire" on Justia Law

Plaintiffs, mostly elderly individuals, purchased lifetime membership contracts for an RV resort in Oregon. The resort was sold to the defendant, who refused to honor these contracts despite knowing that some plaintiffs relied on them for housing. Plaintiffs sued for breach of contract and elder abuse.The Coos County Circuit Court held a four-day jury trial, resulting in a verdict for the plaintiffs on both claims. The jury awarded $500,000 for breach of contract and $900,000 for elder abuse. The trial court entered a judgment reflecting these awards, including treble damages for the elder abuse claim.The defendant appealed, arguing that the trial court erred in denying its motions for a directed verdict on both claims. The Oregon Court of Appeals affirmed the breach of contract ruling but reversed the elder abuse claim, remanding it for dismissal. Both parties sought further review.The Oregon Supreme Court reviewed the case. It upheld the trial court's denial of the directed verdict on the breach of contract claim, noting that the pleadings were amended to conform to the evidence, allowing the contracts to be binding as servitudes. The court found that the defendant's arguments about statutory preemption and lack of privity were not preserved for appeal.Regarding the elder abuse claim, the Supreme Court disagreed with the Court of Appeals, finding sufficient evidence that the defendant wrongfully took or appropriated the plaintiffs' property. The court concluded that the defendant's conduct, including purchasing the property at a reduced price with knowledge of the contracts and then refusing to honor them, could be seen as wrongful under ORS 124.110(1)(a).The Supreme Court affirmed in part and reversed in part the decision of the Court of Appeals, and affirmed the judgment of the circuit court. View "Adelsperger v. Elkside Development LLC" on Justia Law

The case involves a defendant who was charged with second-degree disorderly conduct, second-degree criminal trespass, harassment, and resisting arrest after an incident at a Fred Meyer store. The defendant was reportedly loud and yelling in the parking lot, refused to leave when asked by store employees, and subsequently engaged in aggressive behavior, including hitting an employee with a piece of cardboard and attempting to touch her with a lit cigarette. When police arrived, the defendant resisted arrest.At trial, the state presented testimony from witnesses and video evidence. The defendant testified, admitting to some actions but claiming intoxication and challenging certain aspects of the charges. The jury found the defendant guilty on all counts.The defendant appealed, arguing that the trial court had plainly erred by not intervening sua sponte to address improper comments made by the prosecutor during rebuttal closing argument. The Court of Appeals agreed, finding the comments plainly improper and prejudicial, warranting reversal.The Oregon Supreme Court reviewed the case. The court examined whether the prosecutor's comments were plainly improper and so prejudicial that they denied the defendant a fair trial. The court concluded that the comments, while inartful, were not obviously improper. The prosecutor's statements about the purpose of the trial and the lack of a factual controversy were found to be within the bounds of permissible argument, given the context of the trial and the evidence presented.The Oregon Supreme Court reversed the decision of the Court of Appeals and affirmed the judgment of the circuit court, holding that the defendant had not demonstrated plain error. View "State v. Perez" on Justia Law

The defendant is being prosecuted for the murder of DB. The state challenged a trial court order that suppressed statements the defendant made about DB while in custody for an unrelated crime. At the time of his arrest for the unrelated crime, the defendant was already a suspect in DB's death and was represented by counsel in connection with the DB investigation. The counsel had instructed officers to contact her before questioning the defendant about DB. However, when officers arrested the defendant for the unrelated crime, they advised him of his right to remain silent and to speak with an attorney but did not notify his attorney before conducting an interrogation that led to incriminating statements about DB.The Deschutes County Circuit Court granted the defendant's pretrial motion to suppress the statements, ruling that officers violated the defendant's right to counsel under Article I, section 11, of the Oregon Constitution by conducting the interrogation without notifying the defendant's counsel. The state pursued an immediate and direct appeal to the Oregon Supreme Court.The Oregon Supreme Court concluded that the right to counsel under Article I, section 11, was not triggered by the defendant's arrest and custodial interrogation regarding crimes for which he had not been charged. The court emphasized that protections under Article I, section 11, ordinarily do not arise until a person has been charged with a crime. The court also declined to consider the defendant's alternative argument that Article I, section 12, provided a basis for affirming the trial court's decision. Consequently, the Oregon Supreme Court reversed the trial court's order and remanded the case for further proceedings. View "State v. Kilby" on Justia Law

An informant informed law enforcement that a person named "Tom Collins" was dealing heroin from a residence in Albany, Oregon. Detectives planned to use the informant in a controlled buy at the residence. Instead of waiting for the results of the controlled buy to apply for a warrant, the detectives applied for and obtained a search warrant that anticipated the controlled buy. The state argued that the warrant was an "anticipatory warrant" as approved by the U.S. Supreme Court in United States v. Grubbs. The defendant argued that such warrants are incompatible with Article I, section 9, of the Oregon Constitution.The Linn County Circuit Court denied the defendant's motion to suppress evidence obtained from the search, ruling that anticipatory warrants were valid under both the Oregon and U.S. Constitutions. The Court of Appeals affirmed the trial court's decision, concluding that anticipatory warrants were permissible under Article I, section 9, and that the affidavit established probable cause.The Oregon Supreme Court reviewed the case and declined to address the constitutional question. Instead, the court focused on Oregon's statutory warrant requirements, specifically ORS 133.555(2) and ORS 133.545(6). The court concluded that the affidavit in support of the warrant failed to comply with ORS 133.545(6), which requires that the facts and circumstances show that the objects of the search are in the places to be searched at the time of the warrant's issuance. As a result, the warrant did not comply with ORS 133.555(2), and the trial court erred in denying the defendant's motion to suppress.The Oregon Supreme Court reversed the decision of the Court of Appeals and the judgment of the circuit court, remanding the case to the circuit court for further proceedings. View "State v. Lee" on Justia Law

The case involves allegations of child sexual abuse against the defendant, who was accused by his daughter, M, of sexually abusing her when she was between 5 and 10 years old. M disclosed the abuse to her mother when she was 15, leading to an investigation and charges against the defendant. The defendant sought to exclude expert testimony on delayed reporting of abuse and out-of-court statements made by M when she was a child.The Clackamas County Circuit Court denied the defendant's pretrial motions to exclude the expert testimony and the out-of-court statements. The jury convicted the defendant on all charges. The Oregon Court of Appeals affirmed the trial court's decision, relying on its own precedents regarding the admissibility of such evidence.The Oregon Supreme Court reviewed the case and affirmed the lower courts' decisions. The court held that expert testimony on delayed reporting of abuse is admissible to help the jury assess the victim's credibility, even if the defendant does not argue that the delay undermines the victim's credibility. The court also held that out-of-court statements made by a child victim of sexual abuse are admissible under OEC 803(18a)(b) if the victim testifies at trial, regardless of the victim's age at the time of trial. The court concluded that the trial court did not err in admitting the expert testimony and the out-of-court statements. View "State v. Akins" on Justia Law

In this case, the plaintiffs, Weston and Carrie Twigg, hired Rainier Pacific Development LLC to build a home. After taking possession, they discovered various construction defects, including issues with the garage floor. Rainier Pacific agreed to make repairs, but failed to meet deadlines, leading to arbitration. The parties settled through a "Repair Agreement," but Rainier Pacific's subsequent repairs were also defective, prompting the Twiggs to reinitiate arbitration. The arbitrator found Rainier Pacific's work defective and awarded the Twiggs $150,000 for the garage floor repairs.The Multnomah County Circuit Court granted summary judgment to Admiral Insurance Company, Rainier Pacific's insurer, concluding that the damages did not arise from an "accident" as required by the commercial general liability (CGL) policy. The court relied on the precedent set by Oak Crest Construction Co. v. Austin Mutual Insurance Co., which held that damages solely from a breach of contract do not qualify as an "accident."The Oregon Court of Appeals affirmed the trial court's decision, agreeing that the damages arose solely from a breach of contract and not from an "accident" as defined by the CGL policy. The court emphasized that the Twiggs had not contended that Rainier Pacific's liability arose from a separate duty of care, i.e., a tort.The Oregon Supreme Court reversed the Court of Appeals and the trial court's decisions. The Supreme Court held that whether an insurance claim seeks recovery for an "accident" does not depend on the plaintiff's pleading decisions but on whether there is a factual basis for imposing tort liability. The court found that there were material factual disputes regarding whether Rainier Pacific's defective work constituted an "accident" under the CGL policy. Therefore, the case was remanded to the circuit court for further proceedings. View "Twigg v. Admiral Ins. Co." on Justia Law

The case involves a petition for a writ of mandamus filed by the Oregon State Building and Construction Trades Council (OBTC) against a preliminary injunction issued by the Marion County Circuit Court. The injunction was part of a public contracting dispute between the Oregon-Columbia Chapter of the Associated General Contractors of America (AGC) and the Oregon Department of Transportation (ODOT). AGC challenged the process used by ODOT to set the terms of "community benefit contracts" for certain highway improvement projects under ORS 279C.308.The Marion County Circuit Court issued a preliminary injunction preventing ODOT from using the terms of a Community Workforce Agreement (CWA) in any projects while AGC's challenge to the validity of the CWA under the Administrative Procedures Act (APA) was pending before the Oregon Court of Appeals. AGC had filed three cases: one in the circuit court and two petitions for judicial review in the Court of Appeals. The circuit court case sought declaratory relief and an injunction against ODOT's use of the CWA. The Court of Appeals certified the case challenging the CWA's validity to the Oregon Supreme Court, which accepted the certification.The Oregon Supreme Court reviewed the case and decided the challenge to the validity of the CWA in a related case, Oregon-Columbia Chapter of AGC v. ODOT. As a result, the preliminary injunction issued by the circuit court expired, rendering OBTC's request for mandamus relief moot. Consequently, the Oregon Supreme Court dismissed the petition for a writ of mandamus. View "Oregon-Columbia Chapter Associated General Contractors of America v. Department of Transportation" on Justia Law

The Oregon Department of Transportation (ODOT) established terms for "community benefit contracts" for certain highway improvement projects, which included provisions for contractor training, use of apprentices, and employer-paid family health insurance. ODOT negotiated and signed a "Community Workforce Agreement" (CWA) with various trades councils and labor unions to include these terms in its contracts.The Oregon-Columbia Chapter of the Associated General Contractors of America (AGC) challenged the validity of the CWA in the Court of Appeals, arguing that it constituted a "rule" under Oregon's Administrative Procedures Act (APA) and that ODOT was required to follow the APA's notice-and-comment rulemaking procedures before adopting it. ODOT acknowledged it did not follow these procedures but contended that the CWA was not a "rule." The Court of Appeals certified the case to the Oregon Supreme Court.The Oregon Supreme Court held that the CWA is a "rule" under the APA because it is a statement of general applicability that prescribes ODOT's policies for its community benefit program. The court noted that the CWA applies to all current and future ODOT community benefit projects, making it generally applicable. The court concluded that ODOT was required to follow the APA's notice-and-comment rulemaking procedures before adopting the CWA. As ODOT did not comply with these procedures, the court declared the CWA invalid as an invalidly promulgated rule. View "Oregon-Columbia Chapter Associated General Contractors of America v. Department of Transportation" on Justia Law

The case involves an insurance contribution action under the Oregon Environmental Cleanup Assistance Act (OECAA). The parties are insurers who issued comprehensive general liability (CGL) insurance policies to Schnitzer Steel Industries, Inc., and Schnitzer Investment Corporation. Schnitzer was named by the federal government as potentially responsible for contamination at the Portland Harbor Superfund Site. Continental Casualty Company and Transportation Insurance Company (together, Continental) paid defense costs on behalf of Schnitzer and sought contribution from Schnitzer’s other insurers, including Employers Insurance Company of Wausau (Wausau) and Century Indemnity Company (Century).The Multnomah County Circuit Court ruled that Wausau was still liable for contribution despite a settlement agreement with Schnitzer. The court found that Schnitzer had already obtained a federal judgment against Continental for all unpaid defense costs, and thus Schnitzer no longer had a claim for those costs against Wausau. The Court of Appeals reversed, holding that Wausau’s settlement with Schnitzer was a settlement of the environmental claim, which barred Continental’s contribution claim.The Oregon Supreme Court reviewed the case and reversed the Court of Appeals' decision. The Supreme Court held that the term "the environmental claim" in ORS 465.480(4)(a) refers to the specific environmental claim that has been paid by the targeted insurer. Since Schnitzer had already recovered the defense costs from Continental, Schnitzer had no remaining claim for those costs against Wausau that it could settle. Therefore, Wausau’s settlement did not extinguish Continental’s right to seek contribution for the defense costs it had paid. The judgment of the circuit court was affirmed, and the case was remanded for further proceedings. View "Continental Casualty Co. v. Argonaut Insurance Co." on Justia Law