In Harshbarger v. Klamath County, No. A163379, the Oregon Court of Appeals addresses timber trespass claims involving noncommercial, ornamental trees. In such cases, the court holds, the plaintiff must prove either (1) that damage to the trees diminished the market value of the real property, or (2) that the effect on the property’s value cannot … Continue Reading
Angle v Board of Dentistry, No. A162472, decided by the Oregon Court of Appeals on October 17, 2018, is a statutory interpretation case about nonresponsive responses. ORS 679.170(6) provides that no person shall “fail to respond” to a written request from the Board of Dentistry for information. Does a “nonresponsive” reply count as a failure … Continue Reading
Markstrom v Guard Publishing Co., No. A163317, decided by the Oregon Court of Appeals on October 10, 2018, is about the prelitigation destruction of evidence. The plaintiff, as an employee of the defendant, had been reprimanded and placed on a performance improvement plan, and she had submitted a notice of grievance through her union. Then, … Continue Reading
In Wells Fargo v Clark, No. A162461, the Oregon Court of Appeals held that defendants may file an answer and counterclaim even while their ORCP 21 A motion to dismiss is still pending. In this case, on the morning of the hearing on the defendants’ motion to dismiss, the defendants filed an answer to the … Continue Reading
Wood v Wasco County, No. A161351, addresses how to apply mootness principles to an alleged public records violation. In 2014, allegedly without giving proper notice under Oregon’s Public Meetings Law, the Wasco County Board of Commissioners voted to give notice of the county’s intent to withdraw from an intergovernmental agreement. After the Plaintiff sued to have the notice declared … Continue Reading
