Oregon Supreme Court, 2016

63 opinions

STATE OF OREGON, Petitioner on Review, v. ALEN VLADIMIR SIMONOV, Respondent on Review 2016-02-04
Melissa SHELL, an individual, Petitioner on Review, v. THE SCHOLLANDER COMPANIES, INC., dba Schollander Development Company, Respondent on Review; THE SCHOLLANDER COMPANIES, INC., dba Schollander Development Company, an Oregon corporation, Third-Party Plaintiff, v. KUSTOM BUILT CONSTRUCTION, LLC, an Oregon limited liability company; HL Stucco Systems, Inc., an Oregon corporation; Newside, Inc., an Oregon corporation; Western Cedar, Inc., an Oregon corporation; and J & R Gutter Services, Inc., an Oregon corporation, Third-Party Defendants 2016-02-19
STATE OF OREGON, Petitioner on Review, v. ROMAN LANCE SUPPAH, Respondent on Review 2016-02-19
STATE OF OREGON, Respondent on Review, v. EMA RAMOS, Petitioner on Review 2016-02-19
STATE OF OREGON, Respondent on Review, v. KADE WILLIAM KIRSCHNER, Petitioner on Review 2016-02-19
Cynthia KENDOLL, Petitioner, v. Ellen F. ROSENBLUM, Attorney General, State of Oregon, Respondent 2016-03-03
Emily JOHNSON, Plaintiff, v. Scott GIBSON and Robert Stillson, Defendants 2016-03-03
Gerald L. ROWLETT, an individual; Westlake Development Company, Inc., an Oregon corporation; and Westlake Development Group, LLC, an Oregon limited liability company, Respondents on Review, v. David G. FAGAN, an Oregon resident; James M. Finn, an Oregon resident; and Schwabe Williamson & Wyatt, PC, an Oregon professional corporation, Petitioners on Review 2016-03-03
Ben UNGER, LaToya Fick, and Carmen Rubio, Petitioners, v. Ellen F. ROSENBLUM, Attorney General, State of Oregon, Respondent 2016-03-03
In the Matter of M. L. and R. L., Children. DEPARTMENT OF HUMAN SERVICES, Respondent on Review, v. T. L., Petitioner on Review 2016-03-03
Carol C. NEUMANN and Dancing Deer Mountain, LLC, an Oregon domestic limited liability company, Respondents on Review, v. Christopher LILES, Petitioner on Review 2016-03-03
STATE OF OREGON, Respondent on Review, v. ANTHONY JAMES LAZARIDES, Petitioner on Review 2016-03-03
Inquiry Concerning a Judge, Re: THE HONORABLE WALTER RANDOLPH RANDY MILLER, Respondent 2016-03-03
STATE OF OREGON, Respondent, v. ISACC CREED AGEE, Appellant 2016-03-10
Casey J. DECKARD, Respondent on Review, v. Diana L. BUNCH, Defendant, and Jeffrey N. KING, as Personal Representative of the Estate of Roland King, Deceased, Petitioner on Review 2016-03-10
Leslie SCOTT, Plaintiff-Appellant, v. DEPARTMENT OF REVENUE, Defendant-Respondent 2016-03-24
Heather CONROY; Margaret (Maggie) Neel, an individual elector; Mike Forest, an individual elector; Hanna Vaandering; Trent Lutz; and Richard Schwarz, Petitioners, v. Ellen ROSENBLUM, Attorney General, State of Oregon, Respondent 2016-03-24
Michael J. NEARMAN and James L. Buchal, Petitioners, v. Ellen ROSENBLUM, Attorney General, State of Oregon, Respondent; Andrea MILLER, Petitioner, v. Ellen ROSENBLUM, Attorney General, State of Oregon, Respondent 2016-03-24
Hanna VAANDERING, Trent Lutz, Heather Conroy, and Jill Gibson, Petitioners, v. Ellen F. ROSENBLUM, Attorney General, State of Oregon, Respondent 2016-04-07
STATE OF OREGON, Petitioner on Review, v. JESUS R. PRIETO-RUBIO, Respondent on Review 2016-04-07
STATE OF OREGON, Petitioner on Review, v. JOHN ALBERT SINES, Respondent on Review 2016-04-14
Rosa Aurelia Palacios ESPINOZA, Personal Representative of the Estate of Victor Andres Espinoza Horna, Deceased, for her own benefit as the surviving spouse and for the benefit of Micaela Ariana Espinoza and Mariam Andrea Espinoza, surviving children of the deceased, Plaintiff-Appellant, Respondent on Review, v. EVERGREEN HELICOPTERS, INC., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi CRANN, Personal Representative of the Estate of Alan Crann, Deceased, Defendant; Erika Consuelo Machado MERINO, Personal Representative of the Estate of Juan Francisco Garcia Rubio, Deceased, for her own benefit as the surviving spouse and for the benefit of Macarena Garcia Machado and Mariono Garcia Santolalla, surviving children of the deceased, and Arturo Benjamin Garcia Pinillos, surviving father of the deceased, Plaintiff-Appellant, Respondent on Review, v. EVERGREEN HELICOPTERS, INC., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi CRANN, Personal Representative of the Estate of Alan Crann, Deceased, Defendant; July Marlene Churata FERNANDEZ, Personal Representative of the Estate of Christian Martin Querevalu Quiroz, Deceased, for her own benefit as the surviving spouse and for the benefit of Camila Milagros Querevalu Churata, surviving child of the deceased, and Freddy Quiroz Dulanto De Querevalu and Rolandi Querevalu Suarez, surviving parents of the deceased, Plaintiff-Appellant, Respondent on Review, v. EVERGREEN HELICOPTERS, INC., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi CRANN, Personal Representative of the Estate of Alan Crann, Deceased, Defendant; Flor De Maria Gamboa ALVAREZ, Personal Representative of the Estate of Fernando Cesar Nunez Del Prado Reynoso, Deceased, for her own benefit as the surviving spouse and for the benefit of Caroline Anthuanet Nunez Del Prado Gamboa and Fernando Junior Nunez Del Prado Gamboa, surviving children of the deceased, and Margarita Severiana Reynoso Quispe and Ricardo Cesar Nunez Del Prado Saavedra, surviving parents of the deceased, Plaintiff-Appellant, Respondent on Review, v. EVERGREEN HELICOPTERS, INC, an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi CRANN, Personal Representative of the Estate of Alan Crann, Deceased, Defendant; Flor Katherine Soto LICAN, Personal Representative of the Estate of Jose Luis Saldana Eustaquio, Deceased, for her own benefit as the surviving spouse and for the benefit of Joseph Saldana Soto, Luiggi Saldana Soto, Miguel Angel Saldana Soto, Maria Elizabeth Saldana Gutierrez, and Alexandra Himena Saldana Gutierrez, surviving children of the deceased, and Amadeo Saldana Narro, surviving father of the deceased, Plaintiff-Appellant, Respondent on Review, v. EVERGREEN HELICOPTERS, INC., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi CRANN, Personal Representative of the Estate of Alan Crann, Deceased, Defendant; Olga Paulina Chiba QUISPE, Personal Representative of the Estate of Peter Michael Liza Chiba, Deceased, for her own benefit as the surviving mother and for the benefit of Jose Armando Liza Nunton, surviving father of the deceased, Plaintiff-Appellant, Respondent on Review, v. EVERGREEN HELICOPTERS, INC., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi CRANN, Personal Representative of the Estate of Alan Crann, Deceased, Defendant; Brenda Vilma Hoyle DE CASTRO, Personal Representative of the Estate of Miguel Max Castro Gutierrez, Deceased, Plaintiff-Appellant, Respondent on Review, v. EVERGREEN HELICOPTERS, INC, an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi CRANN, Personal Representative of the Estate of Alan Crann, Deceased, Defendant; Giovanna Patricia Otero DE VASQUEZ, Personal Representative of the Estate of Jhon Henry Vasquez Lopez, Deceased, for her own benefit as the surviving spouse and for the benefit of Angie Patricia Vasquez Otero, Henry Gianpierre Vasquez Otero, Karen Elizabeth Vasquez Otero, and Jhon Henry Vasquez Otero, surviving children of the deceased, Pablo Wilfredo Vasquez Meza, surviving father of the deceased, and Catalina Lopez De Vasquez, surviving mother of the deceased, Plaintiff-Appellant, Respondent on Review, v. EVERGREEN HELICOPTERS, INC., an Oregon corporation, Defendant-Respondent, Petitioner on Review, and Bobbi CRANN, Personal Representative of the Estate of Alan Crann, Deceased, Defendant 2016-04-14
COUCH INVESTMENTS, LLC, an Oregon limited liability company, Respondent on Review, v. Leonard PEVERIERI, an individual; Judith Peverieri, an individual; and Peverieri Investments, LLC, an Oregon limited liability company, Petitioners on Review 2016-04-21
Stacy M. CROSS, Lisa A. Gardner, Kimberly McCullough, Michele Stranger Hunter, Kara Carmosino, and Chantal Downing, Petitioners, v. Ellen F. ROSENBLUM, Attorney General, State of Oregon, Respondent 2016-04-21
Jennifer J. BAKER, Personal Representative of the Estate of Tyler R. Baker, Respondent on Review, v. Matthew A. CROSLIN, Petitioner on Review, and Tyler Gregory SMITH, Defendant 2016-04-21
Lori HORTON, as guardian ad litem and Conservator of and for T. H., a Minor, Plaintiff-Respondent, and Lori HORTON, individually; and Steve Horton, Plaintiffs, v. OREGON HEALTH AND SCIENCE UNIVERSITY, a Public Corporation, Defendant, and Marvin HARRISON, M.D., Defendant-Appellant, and PEDIATRIC SURGICAL ASSOCIATES, P.C., an Oregon Professional Corporation; and Audrey Durrant, M.D., Defendants 2016-05-05
NORTHWEST NATURAL GAS COMPANY, an Oregon corporation; and Portland General Electric Company, an Oregon corporation, Plaintiffs-Respondents, and ROCKWOOD WATER PEOPLES UTILITY DISTRICT, Intervenor-Respondent, Petitioner on Review. v. CITY OF GRESHAM, a municipality and public body within the state of Oregon, Defendant-Appellant, Respondent on Review. (SC S062535 (Control)); NORTHWEST NATURAL GAS COMPANY, an Oregon corporation; and Portland General Electric Company, an Oregon corporation, Plaintiffs-Respondents, Petitioners on Review, and ROCKWOOD WATER PEOPLES UTILITY DISTRICT, Intervenor-Respondent, v. CITY OF GRESHAM, a municipality and public body within the state of Oregon, Defendant-Appellant, Respondent on Review. (SC S062556) 2016-05-05
STATE OF OREGON, Respondent on Review, v. SUNIE SHAWN WATERHOUSE, Petitioner on Review 2016-05-05
STATE OF OREGON, Respondent, v. JOSHUA ABRAHAM TURNIDGE, Appellant 2016-05-05
STATE OF OREGON, Respondent, v. BRUCE ALDON TURNIDGE, Appellant 2016-05-05
CITY OF EUGENE, an Oregon municipal corporation, Respondent on Review, v. COMCAST OF OREGON II, INC., an Oregon corporation, Petitioner on Review 2016-05-26
In the Matter of J. C. N.-V., a Youth. STATE OF OREGON, Respondent on Review, v. J. C. N.-V., Petitioner on Review 2016-05-26
Heather CONROY; Margaret (Maggie) Neel, an individual elector; Mike Forest, an individual elector; Hanna Vaandering; Trent Lutz; and Richard Schwarz, Petitioners, v. Ellen ROSENBLUM, Attorney General, State of Oregon, Respondent 2016-05-26
Kevin RAINS and Mitzi Rains, Petitioners on Review, v. STAYTON BUILDERS MART, INC.; John Doe Lumber Supplier; John Doe Lumber Mill; and Five Star Construction, Inc., Defendants; STAYTON BUILDERS MART, INC., Third-Party Plaintiff-Respondent, v. RSG FOREST PRODUCTS, INC., et al., Third-Party Defendants, and WEYERHAEUSER COMPANY, Respondent on Review; WEYERHAEUSER COMPANY, Fourth-Party Plaintiff, v. RODRIGUEZ & RAINS CONSTRUCTION, an Oregon corporation, Fourth-Party Defendant; WITHERS LUMBER COMPANY, Fourth-Party Plaintiff, v. SELLWOOD LUMBER CO., INC., an Oregon corporation; and Weyerhaeuser Company, Fourth-Party Defendants; WESTERN INTERNATIONAL FOREST PRODUCTS, INC., Fourth-Party Plaintiff, v. Benito RODRIGUEZ, Kevin Rains, and Rodriguez & Rains Construction, Fourth-Party Defendants; SELLWOOD LUMBER CO., INC., an Oregon corporation, Fifth-Party Plaintiff, v. SWANSON BROS. LUMBER CO., INC., an Oregon corporation, Fifth-Party Defendant. (S062939)(Control); Kevin RAINS and Mitzi Rains, Respondents on Review, v. STAYTON BUILDERS MART, INC.; John Doe Lumber Supplier; John Doe Lumber Mill; and Five Star Construction, Inc., Defendants; STAYTON BUILDERS MART, INC., Respondent on Review, v. RSG FOREST PRODUCTS, INC., et al., Third-Party Defendants, and WEYERHAEUSER COMPANY, Petitioner on Review; WEYERHAEUSER COMPANY, Fourth-Party Plaintiff, v. RODRIGUEZ & RAINS CONSTRUCTION, an Oregon corporation, Fourth-Party Defendant; WITHERS LUMBER COMPANY, Fourth-Party Plaintiff, v. SELLWOOD LUMBER CO., INC., an Oregon corporation; and Weyerhaeuser Company, Fourth-Party Defendants; WESTERN INTERNATIONAL FOREST PRODUCTS, INC., Fourth-Party Plaintiff, v. Benito RODRIGUEZ, Kevin Rains, and Rodriguez & Rains Construction, Fourth-Party Defendants; SELLWOOD LUMBER CO., INC., an Oregon corporation, Fifth-Party Plaintiff, v. SWANSON BROS. LUMBER CO., INC., an Oregon corporation, Fifth-Party Defendant. (S062959) 2016-05-26
Tyler TURNER, Respondent on Review, v. STATE OF OREGON, through its Department of Transportation, Petitioner on Review, and CITY OF DEPOE BAY and Lincoln County, Defendants-Respondents, and Carol COLIP, Respondent on Review; CITY OF DEPOE BAY, et al., Cross-Plaintiffs, v. Carol COLIP, et al., Cross-Defendants 2016-05-26
STATE OF OREGON, Respondent on Review, v. WILLIAM MICHAEL ALTHOUSE, Petitioner on Review 2016-06-16
J. Michael GOODWIN and Sheila Goodwin, husband and wife, Respondents on Review, v. KINGSMEN PLASTERING, INC., a Washington corporation, Petitioner on Review, and KINGSMEN CONTRACTING, INC., a Washington corporation; and T & M Pipeline, Inc., an Oregon corporation, dba T & M Pipeline Construction, Inc., Defendants 2016-06-16
John HARKNESS and Sherri Harkness, Petitioners on Review, v. Jack R. PLATTEN, Respondent on Review 2016-06-16
In the Matter of the Compensation of Rebecca M. Muliro, Claimant. DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, Workers Compensation Division; and ComPro, Inc., Respondents on Review, v. Rebecca M. MULIRO, Petitioner on Review, and LIBERTY NORTHWEST INSURANCE CORPORATION; Adams & Gray Home Care - Marquis Home Health; and Assured at Home, Respondents 2016-06-16
STATE OF OREGON, Petitioner on Review, v. AMANDA L. NEWCOMB, Respondent on Review 2016-06-16
OAKMONT, LLC, an Oregon limited liability company, Respondent, v. DEPARTMENT OF REVENUE, State of Oregon; and Clackamas County Assessor, Appellants 2016-06-30
STATE OF OREGON, Respondent on Review, v. RASOOL ISLAM ISLAM, Petitioner on Review 2016-06-30
STATE OF OREGON, Respondent on Review, v. JUSTIN JAMES SCHILLER-MUNNEMAN, Petitioner on Review 2016-06-30
DEPARTMENT OF REVENUE, State of Oregon; and Deschutes County Assessor, Appellants, v. RIVERS EDGE INVESTMENTS, LLC, Respondent 2016-06-30
Roman KIRYUTA, Respondent on Review, v. COUNTRY PREFERRED INSURANCE COMPANY, Petitioner on Review 2016-07-14
EASTERN OREGON MINING ASSOCIATION; Guy Michael; and Charles Chase, Petitioners on Review, v. DEPARTMENT OF ENVIRONMENTAL QUALITY; Dick Pederson, in his capacity as Director of the Department of Environmental Quality; and Neil Mullane, in his capacity as Administrator of the Water Quality Division of the Department of Environmental Quality, Respondents on Review; WALDO MINING DISTRICT, an unincorporated Association; Thomas A. Kitchar; and Donald R. Young, Petitioners on Review, v. DEPARTMENT OF ENVIRONMENTAL QUALITY; Dick Pederson, in his capacity as Director of the Department of Environmental Quality; and Neil Mullane, in his capacity as Administrator of the Water Quality Division of the Department of Environmental Quality, Respondents on Review 2016-07-14
DIRECTV, INC., Respondent, v. DEPARTMENT OF REVENUE, State of Oregon, Appellant 2016-07-14
STATE OF OREGON, Respondent on Review, v. CARYN ALINE NASCIMENTO, Petitioner on Review 2016-07-21
Stuart ETTER, Appellant, v. DEPARTMENT OF REVENUE, State of Oregon, Respondent 2016-07-21
Patricia PIAZZA, acting on behalf of Farley Piazza and Associates and as Personal Representative of the Estate of Martha Paz De Noboa Delgado, deceased, Respondent on Review, v. Bryan KELLIM, dba 99 Pawn & Guns, Defendant, and FIVE STARS, INC., dba The Zone; Concept Real Estate, LLC; and Concept Entertainment Group, Ltd., Defendants-Respondents, and ROTARY INTERNATIONAL and Rotary International District 5100, Petitioners on Review; Patricia PIAZZA, acting on behalf of Farley Piazza and Associates and as Personal Representative of the Estate of Martha Paz De Noboa Delgado, deceased, Respondent on Review, v. Bryan KELLIM, dba 99 Pawn & Guns, Defendant, and FIVE STARS, INC., dba The Zone; Concept Real Estate, LLC; and Concept Entertainment Group, Ltd., Petitioners on Review, and ROTARY INTERNATIONAL and Rotary International District 5100, Defendants-Respondents 2016-07-21
LAKE OSWEGO PRESERVATION SOCIETY, Marylou Colver, and Erin ORurke-Meadors, Petitioners on Review, v. CITY OF LAKE OSWEGO, Respondent on Review, and Marjorie HANSON, trustee for the Mary Cadwell Wilmot Trust. Respondent on Review 2016-08-04
In the Matter of the Compensation of Roger J. Thompson, Claimant. SAIF CORPORATION and Clackamas County Fire District #1, Respondents on Review, v. Roger J. THOMPSON, Petitioner on Review 2016-08-04
Arthur YEATTS; and Nancy Doty, Inc., Special Fiduciary for Arthur Yeatts, Petitioners on Review, and Matthew WHITMAN, Plaintiff, v. POLYGON NORTHWEST COMPANY, a foreign corporation, Respondent on Review 2016-08-04
STATE OF OREGON, Respondent on Review, v. ROBERT GORDON DAVIS, Petitioner on Review 2016-08-11
Jan WYERS, as Personal Representative of the Estate of Dianne Terpening, Deceased, Respondent on Review, v. AMERICAN MEDICAL RESPONSE NORTHWEST, INC., an Oregon corporation, Petitioner on Review; Hazel CORNING, Respondent on Review, v. AMERICAN MEDICAL RESPONSE NORTHWEST, INC., an Oregon corporation, Petitioner on Review; Violet ASBURY, Respondent on Review, v. AMERICAN MEDICAL RESPONSE NORTHWEST, INC., an Oregon corporation, Petitioner on Review; Stacey WEBB, Respondent on Review, v. AMERICAN MEDICAL RESPONSE NORTHWEST, INC., an Oregon corporation, Petitioner on Review; Michele SHAFTEL, Respondent on Review, v. AMERICAN MEDICAL RESPONSE NORTHWEST, INC., an Oregon corporation, Petitioner on Review; Natsue AKRE, Respondent on Review, v. AMERICAN MEDICAL RESPONSE NORTHWEST, INC., an Oregon corporation, Petitioner on Review 2016-08-11
STATE OF OREGON, Respondent on Review, v. ROBERT CLATE MAKIN, Petitioner on Review 2016-09-15
HABITAT FOR HUMANITY OF THE MID-WILLAMETTE VALLEY, Plaintiff-Appellant, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant-Respondent, and MARION COUNTY ASSESSOR, Intervenor-Respondent 2016-09-15
AMERICAN CIVIL LIBERTIES UNION OF OREGON, INC, an Oregon non-profit public benefit corporation, Petitioner on Review, v. CITY OF EUGENE, OREGON, a municipal corporation, Respondent on Review, and CIVILIAN REVIEW BOARD OF THE CITY OF EUGENE, OREGON, Defendant 2016-09-15
STATE OF OREGON, Respondent on Review, v. ROBERT DARNELL BOYD, Petitioner on Review 2016-09-22
STATE OF OREGON, Respondent on Review, v. BRIAN JAMES CHANDLER, Petitioner on Review 2016-09-22
FOUNTAINCOURT HOMEOWNERS ASSOCIATION and FountainCourt Condominium Owners Association, Plaintiffs, v. FOUNTAINCOURT DEVELOPMENT, LLC; et al., Defendants; FOUNTAINCOURT DEVELOPMENT, LLC; et al., Third-Party Plaintiffs, v. ADVANCED SURFACE INNOVATIONS, INC., an Oregon corporation; et al., Third-Party Defendants; VOSS FRAMING, INC., assignee for FountainCourt Homeowners Association, assignee for FountainCourt Condominium Owners Association, on behalf of FountainCourt Development, LLC, on behalf of Matrix Development Corporation, and on behalf of Legend Homes Corporation, Fourth-Party Plaintiff, v. Dana CHRISTOPHER and Red Hills Construction, Inc., Fourth-Party Defendants; FOUNTAINCOURT HOMEOWNERS ASSOCIATION and FountainCourt Condominium Owners Association, Respondents on Review, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Petitioner on Review 2016-09-22
STATE OF OREGON, Petitioner on Review, v. DENNIS JAMES DAVIDSON, Respondent on Review; STATE OF OREGON, Respondent on Review, v. DENNIS JAMES DAVIDSON, Petitioner on Review 2016-09-22
STATE OF OREGON, Respondent on Review, v. DOUGLAS WAYNE SOKELL, Petitioner on Review 2016-09-22