Oregon Court of Appeals

Opinions Filed in October 2024

LandWatch Lane County v. Lane County

"A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unitof land if the unit of land is not a lawfully established unit of land, and could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold." ORS 92.176

Area(s) of Law:
  • Land Use

Dept. of Human Services v. M.M.

To be judicially noticeable, a fact “must be one not subject to reasonable dispute in that it is either [g]enerally known within the territorial jurisdiction of the trial court; or [c]apable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” OEC 201(b)(1), (2).

Area(s) of Law:
  • Juvenile Law

Duran v. Majorie House McMinnville, LLC, 335 Or App 501 (2024))

“[U]nder the plain text and context of the rules, there is no independent legal authority for a designated representative to enter into an arbitration agreement on an individual’s behalf. ”

Area(s) of Law:
  • Tort Law

Follansbee v. Ooi

Under ORS § 19.270, “a party seeking dismissal of an entire appeal based on inadequate service on less than all parties on which service was required must establish that prejudice is likely to arise to such a degree to warrant dismissal of the entire appeal.”

Area(s) of Law:
  • Appellate Procedure

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