All Cases

Aspen Flo, LLC v. Saxon

Real Property: Adverse Possession Case: Aspen Flo, LLC v. Saxon, 2007. Synopsis: This matter required Judge Rasmussen to determine the property boundary between the Plaintiff’s and Defendant’s land. In making the determination two issues were considered: 1) whether either party established a substantial interest or claim to the property, and 2) whether Defendants acquired title to

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Parmenter v. Lemon

Landlord Tenant Dispute: Attorney’s Fees Case: Barbara Parmenter Living Trust v. Steve and Kymberly Lemon, 2012. Synopsis: This matter arose out of a landlord tenant dispute between the plaintiff landlord and the defendant tenants. The tenants sought reimbursement of attorney fees. On remand from the Supreme Court Judge Rasmussen determined that based on the analysis of

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Home Builder’s Association v. City of Springfield

Municipal Water Management Case: Home Builders Association of Lane County v. City of Springfield and Metropolitan Wastewater Management Commission, 2005. Synopsis: This case concerned the legality of a System Development Charge (SDC) Methodology that was drafted by the Metropolitan Wastewater Management Commission, and formally adopted by the cities of Eugene and Springfield. Petitioners alleged that the

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Rainier Economic Development Council v. Columbia 911 Communications District

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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Marker v. Marker

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

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Dewberry v. Kulongoski

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

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Brown v. EWEB

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

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Eugene School District v. City of Eugene

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

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Eugene School District v. State of Oregon

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

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McHenry v. FedEx

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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