Justia Oregon Supreme Court Opinion Summaries

This case centered on the interpretation and application of two statutes, ORS 144.335(3) and ORS 144.135, to a final order of the Board of Parole and Post-Prison Supervision that postponed petitioner’s release date from prison. The threshold question presented to the Oregon Supreme Court was whether, by amending ORS 144.335(3) in 1999, the legislature intended to exempt the board from the substantial reason standard that this court had identified and applied in "Martin v. Board of Parole," (957 P2d 1210 (1998)). If the legislature did not intend to exempt the board from the substantial reason standard, the second question was whether the board’s order in this case satisfied the substantial reason standard. The third question is whether the board’s order complied with ORS 144.135. The Court concluded that ORS 144.335(3) (1999) did not eliminate the substantial reason requirement that inheres in the substantial evidence standard of review to which the board’s orders are subject. Furthermore, the Court concluded that the board’s final order in this case satisfied that requirement and satisfied ORS 144.135. The Court affirmed the board’s final order postponing petitioner’s release date. View "Jenkins v. Board of Parole" on Justia Law

In a consolidated ballot title case, three sets of petitioners have petitioned the Supreme Court to review the ballot title for Initiative Petition 58. Initiative Petition 58 (IP 58), essentially identical to Initiative Petition 47 (IP 47), would change the way that liquor is sold in Oregon by “eliminat[ing] the current system of state-licensed liquor stores” and allowing "'holders of distilled liquor self-distribution permits' (essentially wholesalers) to distribute liquor to 'qualified retailers,' who would, in turn, sell the liquor to the public." The Attorney General certified the ballot title for IP 58 before we issued the Supreme Court issued its opinion regarding IP 47, and two petitioners argued that the phrase "wholesale sales tax" did not avoid the problem that the Court noted in the IP 47 opinion. As noted in the IP 47 case, the phrase “sales tax” had more potential to confuse voters than to describe IP 47, and by extension IP 58, accurately. "[W]e cannot overlook [petitioners'] point that the phrase 'sales tax' is so commonly associated with a tax imposed at the point of a retail sale that the use of the phrase 'wholesale sales tax' may do more to confuse matters than clarify them." Accordingly, the Court referred the ballot title for IP 58 back to the Attorney General for modification. View "McCann v. Rosenblum" on Justia Law

The Court of Appeals rejected petitioners' contention that Oregon Department of Fish and Wildlife's (ODFW) approval of "channel-spanning fishways" associated with two small, privately maintained dams downstream from their property violated state law, including ODFW's own rules, pertaining to fish passage for native migratory fish. Petitioners argued that the approvals were inconsistent with administrative rules and statutes that, in their view, required that fish passage be provided whenever water is flowing past the dams, whether over the tops of the dams or through outlet pipes required by the state Water Resources Department (WRD). The Court of Appeals held that ODFW had plausibly construed its own rules as requiring passage only when water is flowing over the dams, and that the rules, as interpreted, were not inconsistent with the controlling statutes. Petitioners sought review and the Supreme Court granted their petition. The Supreme Court concluded that ODFW's interpretation of the rules was implausible. The case was remanded to the agency for further action under a correct interpretation. View "Noble v. Dept. of Fish & Wildlife" on Justia Law

The City of Milwaukie used highly pressurized water to clean sewer lines adjacent to plaintiff's house, causing sewage to back up through toilets and bathroom fixtures. Plaintiff sued the city seeking compensation for the damage to her home on two theories, negligence and inverse condemnation. The trial court dismissed the negligence claim before trial as barred by the statute of limitations. The inverse condemnation claim went to trial before a jury. At the close of plaintiff's case, the city moved for a directed verdict, arguing that the evidence did not establish a compensable taking of property under the Oregon Constitution. The trial court denied the city's motion, and the jury found for plaintiff, awarding $58,333 in damages. On appeal, the Court of Appeals affirmed. On the facts before it, the Supreme Court concluded that the city's actions did not give rise to a compensable taking. The Court therefore reversed the decision of the Court of Appeals. View "Dunn v. City of Milwaukie" on Justia Law

Petitioners sought review of the ballot title for Initiative Petition 38 (2014) (IP 38), arguing that the ballot title does not satisfy the requirements of ORS 250.035(2). IP 38, if adopted, would alter the Oregon primary election process for certain partisan offices, denominated "voter choice offices" (United States Senator, Congressional Representative, Governor, Secretary of State, State Treasurer, Attorney General, state Senator, state Representative, and any state, county, city, or district partisan office for which the law currently authorizes political party nominations to the general election). In addition, IP 38 would have modified the process for filling vacancies in partisan offices. Upon review, the Supreme Court concluded the ballot title did not satisfy the requirements of ORS 250.035(2), and referred the title back to the Attorney General for modification. View "Dixon v. Rosenblum" on Justia Law

Petitioners sought review of the ballot title for Initiative Petition 44 (2014) that if adopted, would have enacted statutory provisions to impose certain requirements on food manufacturers and retailers concerning the labeling of genetically engineered foods. The Supreme Court considered the various challenges to the certified ballot title that each petitioner advanced and concluded that only one had merit. The ballot title error that the Court identified in this proceeding was an acknowledged scrivener's error, the correction of which was straightforward and ministerial. The Supreme Court corrected the error and certified the corrected ballot title to the Secretary of State. View "Bates v. Rosenblum" on Justia Law

In a consolidated ballot title case, three sets of petitioners asked the Supreme Court to review the ballot title for Initiative Petition 47 (2014). Initiative Petition 47 (IP 47), if enacted, would have changed the way that liquor was sold in Oregon. IP 47 would eliminate the current system of state-licensed liquor stores and allow "holders of distilled liquor self-distribution permits" (wholesalers) to distribute liquor to "qualified retailers," who would, in turn, sell the liquor to the public. In this case, if the Attorney General had used the word "fee" to describe the "revenue replacement fee," her use of that word would have raised substantial questions. In addition, petitioners challenged the AG's use of language in the "yes" vote result statement. Finding "difficulties" that the Attorney General faced in trying to describe accurately and succinctly the extensive changes that IP 47 would effect, the Court could not say that the remainder of the ballot title did not substantially comply with her statutory obligations. View "McCann v. Rosenblum" on Justia Law

Mother and father are the parents of eight children, who ranged in age from one to ten years old when this case began. After a neighbor notified DHS about the conditions in parents' home, a DHS caseworker checked on those conditions, spoke with parents, and also spoke with the children. DHS filed a petition with the juvenile court, alleging that the children were within the court's jurisdiction because the "condition or circumstances [of the children were] such as to endanger [the children's] welfare or others[' welfare]." The juvenile court took jurisdiction over parents' children and appointed DHS as the children's legal custodian and guardian while the children were wards of the court. The question before the Supreme Court in this case was whether the legislature gave DHS, in its capacity as either the children's custodian or their guardian, authority to have the children immunized against common childhood diseases. Both the trial court and the Court of Appeals held that the legislature gave DHS that authority. The Court allowed parents' petition for review and affirmed the Court of Appeals' and trial court's judgments. View "Dept. of Human Services v. S. M." on Justia Law

Plaintiff Chester Westfall brought a civil action against the State claiming that the Department of Corrections had kept him in prison longer than his lawful term of incarceration. Specifically, he alleged that the department had unlawfully extended his prison term by having a sentence run consecutively to another sentence imposed the same day, rather than running consecutive to a sentence that had been imposed previously. The State moved for summary judgment, asserting that it was entitled to discretionary immunity because the department's written policies required its employees to treat the sentence as consecutive to other sentences imposed the same day. The trial court agreed and granted the State's motion. The Court of Appeals reversed on appeal, concluding that any discretionary immunity that applied to the department's decision to adopt the written policies did not also apply to those employees who carried out the policies. Upon review, the Supreme Court concluded that the Court of Appeals erred in its analysis, and the Court rejected plaintiff's alternative argument that the actions of the department and its employees were not the kind protected by discretionary immunity. The case was remanded back to the Court of Appeals, however, for consideration of plaintiff's other arguments that the Court of Appeals did not address. View "Westfall v. Oregon" on Justia Law

Petitioners McCann and Harmon sought review of the Attorney General's certified ballot title for Initiative Petition 33 (2014). Initiative Petition 33 (IP 33) would make substantive changes to Oregon tax law. After review, the Supreme Court concluded the ballot title for IP 33 gave voters less information than they need to understand adequately the change that the measure would make. The ballot title referred to Attorney General for modification. View "McCann v. Rosenblum" on Justia Law