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
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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 →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 →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 →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
Read more →Road Easement Case: Lenn v. Lane County, 2013 WL 11042119 (Or. Cir.). Synopsis: The Petitioner sought reconsideration after the Court signed an Order affirming the decision of Lane County to approve a partition application, filed by Intervenor-Respondent. In that Order, the Court rejected Petitioners’ contentions that the access easement that would serve the resulting Parcel would
Read more →Municipal Contract Dispute Case: In re Eugene Water & Electric Bd., 2006 WL 6157617 Synopsis: The dispositive issue presented by this motion was whether an Oregon statute permitted the validity of contracts that had been authorized and executed by a municipal corporation to be retrospectively determined by the court in proceedings brought pursuant to that statute.
Read more →Property Development Dispute Case: Stonecrest Properties, LLC v. City of Eugene, 2013 WL 10722805 (Or. Cir.). Synopsis: This case concerned an agreement between Real Estate Development Group and the City of Eugene to make public improvements to the real property referred to by the parties as “Moon Mountain.” The focus of the motions for summary judgment
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
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
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