Enforceability of Intergovernmental Agreement Case: Rainier Economic Delvopment Council v. Columbia 911 Communications Dist., 2007 WL 5813754 Synopsis: This case required Judge Rasmussen to determine the enforceability of a proposed Intergovernmental Agreement (IGA) that required nine entities to transfer tax revenue to Petitioner, Rainer Economic Development Council (REDCO). That determination required the court to decide two
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Validity of Arbitration Provision Case: Marker v. Marker, 2006 WL 6151643 Synopsis: This case required Judge Rasmussen to determine whether an arbitration provision compelled the member-managers of a limited liability company to arbitrate their disputes regarding business operations. Ultimately, he ruled that arbitration had to be compelled. Link to Opinion
Read more →Restrictive Covenant Case: Realvest Corp. v. Lane County, 2002 WL 34505059. Synopsis: Defendant Lane County owned property located within the county. Plaintiffs owned interests in adjacent property which was the dominant estate associated with the deed restriction. Judge Rasmussen determined that the effect of the change upon the restricted Lane County property neutralized the benefits of
Read more →Utility Taxes Case: Qwest Corp. v. City of Springfield, 2016 WL 2755048 (Or.Cir.). Synopsis: This matter raised multiple issues. First, the parties asked the Court to decide whether the City of Springfield could impose a new utility tax in light of statutory and Oregon Constitutional restrictions. Defendant also raised the affirmative defense that Plaintiffs were precluded
Read more →Utility Taxes Case: Chernaik v. Brown, 2015 WL 12591229 (Or.Cir.). Synopsis: Plaintiffs alleged that their personal and economic well-being was directly dependent upon the health of the state’s natural resources held in trust for the benefit of its citizens, including water resources, submerged and submersible lands, coastal lands, forests, and wildlife. Specifically, Plaintiffs alleged that their
Read more →Tribal Gaming Case: Dewberry v. Kulongoski, 2010 WL 9932505 (Or. Cir.) Synopsis: This case arose out of relators’ challenge to a tribal gaming compact entered into between the Governor of the State of Oregon and the Confederated Tribes that allowed gaming activities on a parcel of land known as the “Hatch Tract.” Judge Rasmussen determined that
Read more →Contract for the Sale of Surplus Water Case: In re Brown, 2010 WL 9547011 (Or. Cir.). Synopsis: The Eugene Water and Electric Board requested the Court exercise its authority to validate a contract for the sale of surplus water to the City of Veneta. Judge Rasmussen determined that the relevant statutes required Veneta to submit its
Read more →Construction Contract and Prevailing Wage Case: Eugene School Dist. No. 4J v. State, 2006 WL 6151642 Synopsis: This case required Judge Rasmussen to determine the prevailing wage rates applicable to contracts for the construction and redevelopment of four public schools. Which required him to reconcile competing interpretations of an Oregon Statute. He concluded that the prevailing
Read more →Real Property Deed Restriction Case: Eugene School Dist. No. 4J v. City of Eugene, 2007 WL 5813753 Synopsis: This declaratory judgment action required Judge Rasmussen to determine whether a 1938 deed by the City of Eugene to Eugene School District No. 4J contained a restriction that limited the use of the deeded property as a “recreation
Read more →Arbitration Clause Interpretation Case: McHenry v. Fedex Home Delivery, 2007 WL 5813752 Synopsis: This declaratory judgment action required Judge Rasmussen to determine whether the Arbitration Clause contained within the FedEx Home Delivery Standard Contractor Operating Agreement was valid. He found the Arbitration Clause both procedurally and substantively unconscionable and, thus, invalid. DOWNLOAD PDF
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