statutes rule in Oregon

8 Oregon opinions name it 2 courts 1973–2023 1 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
State Ex Rel. Engweiler v. Feltongreen or · 2011 · cited in 1 Oregon opinions naming this issue, 2016–2016 2 sentences 2016Furthermore, for purposes of ORS 183.400(4)(b), a rule is deemed to exceed its statutory authority not only if it exceeds the express or implied authority of the statutes that the rule purports to implement, but also if the rule “contravene [s] some other applicable statute.” Planned Parenthood Assn. v. Dept. of Human Res., 297 Or 562, 565 , 687 P2d 785 (1984); see State ex rel Engweiler v. Felton, 350 Or 592, 627 , 260 P3d 448 (2011) (finding that rules pertaining to parole consideration for juveniles convicted of aggravated murder, which required such juveniles to undergo an intermediate hea 2016Furthermore, for purposes of ORS 183.400(4)(b), a rule is deemed to exceed its statutory authority not only if it exceeds the express or implied authority of the statutes that the rule purports to implement, but also if the rule “contravene [s] some other applicable statute.” Planned Parenthood Assn. v. Dept. of Human Res., 297 Or 562, 565 , 687 P2d 785 (1984); see State ex rel Engweiler v. Felton, 350 Or 592, 627 , 260 P3d 448 (2011) (finding that rules pertaining to parole consideration for juveniles convicted of aggravated murder, which required such juveniles to undergo an intermediate hea	1	1
Springfield Education Ass'n v. Springfield School District No. 19green or · 1980 · cited in 1 Oregon opinions naming this issue, 1998–1998 1 sentence 1998See 1000 Friends of Oregon v. LCDC (Lane Co.), 305 Or 384, 388-92 , 752 P2d 271 (1988); see also Springfield, 290 Or at 224 .	1	1
1000 Friends v. Land Conservation & Development Commissiongreen or · 1988 · cited in 1 Oregon opinions naming this issue, 1998–1998 2 sentences 1998See 1000 Friends of Oregon v. LCDC (Lane Co.), 305 Or 384, 388-92 , 752 P2d 271 (1988); see also Springfield, 290 Or at 224 . 1998See 1000 Friends of Oregon v. LCDC (Lane Co.), 305 Or 384, 388-92 , 752 P2d 271 (1988); see also Springfield, 290 Or at 224 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Planned Parenthood Ass'n v. Department of Human Resources green or · 1984 2 sentences 2017Furthermore, for purposes of ORS 183.400(4)(b), a rule is deemed to exceed the agency’s statutory authority not only if the rule exceeds the express or implied authority granted to the agency in the statutes that the rule purports to implement, but also if the rule “contravene [s] some other applicable statute.” Planned Parenthood Assn. v. Dept. of Human Res., 297 Or 562, 565 , 687 P2d 785 (1984). 2017Furthermore, for purposes of ORS 183.400(4)(b), a rule is deemed to exceed the agency’s statutory authority not only if the rule exceeds the express or implied authority granted to the agency in the statutes that the rule purports to implement, but also if the rule “contravene [s] some other applicable statute.” Planned Parenthood Assn. v. Dept. of Human Res., 297 Or 562, 565 , 687 P2d 785 (1984).	2	2016–2017
State v. Balderson green orctapp · 1996 2 sentences 2023However, there is nothing in the language of the statutes or the rule that provides that the methodology must guarantee that the test results are completely accurate.” State v. Balderson, 138 Or App 531, 535 , 910 P2d 1138 (1996) (emphasis omitted). 2023However, there is nothing in the language of the statutes or the rule that provides that the methodology must guarantee that the test results are completely accurate.” State v. Balderson, 138 Or App 531, 535 , 910 P2d 1138 (1996) (emphasis omitted).	1	2023–2023
Ettner v. City of Medford green orctapp · 1998 2 sentences 2007The foregoing principles were applied in Ettner v. City of Medford, 155 Or App 435 , 963 P2d 149 , rev den, 328 Or 40 (1998). 2007The foregoing principles were applied in Ettner v. City of Medford, 155 Or App 435 , 963 P2d 149 , rev den, 328 Or 40 (1998).	1	2007–2007
Wheaton v. Kulongoski green orctapp · 2006 1 sentence 2007ORS 174.010; Wheaton, 209 Or App at 364 .	1	2007–2007
Oliver v. Employment Division green orctapp · 1979 2 sentences 1983Despite the foregoing, the respondent relies on Springfield Education Assn. v. School Dist., supra, and the aforementioned dictum in Oliver v. Employment Division, 40 Or App 487 , 595 P2d 1252 (1979), as authority for the proposition that ORS 657.190, ORS 657.195 and OAR 471-30-036(1) do not sufficiently define “suitable work.” Since Springfield and Oliver were decided, however, EAB has decided numerous cases under this rubric, and we have applied the statutes and the rule without difficulty in a number of cases. 1983Despite the foregoing, the respondent relies on Springfield Education Assn. v. School Dist., supra, and the aforementioned dictum in Oliver v. Employment Division, 40 Or App 487 , 595 P2d 1252 (1979), as authority for the proposition that ORS 657.190, ORS 657.195 and OAR 471-30-036(1) do not sufficiently define “suitable work.” Since Springfield and Oliver were decided, however, EAB has decided numerous cases under this rubric, and we have applied the statutes and the rule without difficulty in a number of cases.	1	1983–1983
Griffin v. Employment Division green orctapp · 1982 2 sentences 1983In Frank v. Employment Division, 57 Or App 646 , 646 P2d 70 (1982), we applied ORS 657.190 and ORS 657.325, which defines “suitable work” as “any work that is within such individual’s capabilities * * .” In Griffin v. Employment Division, 55 Or App 768 , 639 P2d 1294 (1982), we applied the language in ORS 657.190 and OAR 471-30-036 to define “suitable work” without difficulty. 1983In Frank v. Employment Division, 57 Or App 646 , 646 P2d 70 (1982), we applied ORS 657.190 and ORS 657.325, which defines “suitable work” as “any work that is within such individual’s capabilities * *.” In Griffin v. Employment Division, 55 Or App 768 , 639 P2d 1294 (1982), we applied the language in ORS 657.190 and OAR 471-30-036 to define “suitable work” without difficulty.	1	1983–1983
Frank v. Employment Division green orctapp · 1982 2 sentences 1983In Frank v. Employment Division, 57 Or App 646 , 646 P2d 70 (1982), we applied ORS 657.190 and ORS 657.325, which defines “suitable work” as “any work that is within such individual’s capabilities * * .” In Griffin v. Employment Division, 55 Or App 768 , 639 P2d 1294 (1982), we applied the language in ORS 657.190 and OAR 471-30-036 to define “suitable work” without difficulty. 1983In Frank v. Employment Division, 57 Or App 646 , 646 P2d 70 (1982), we applied ORS 657.190 and ORS 657.325, which defines “suitable work” as “any work that is within such individual’s capabilities * *.” In Griffin v. Employment Division, 55 Or App 768 , 639 P2d 1294 (1982), we applied the language in ORS 657.190 and OAR 471-30-036 to define “suitable work” without difficulty.	1	1983–1983
Penn Phillips Lands, Inc. v. State Tax Commission green or · 1967 2 sentences 1973The facts surrounding these two cases bring them squarely within the decision of Penn Phillips Lands v. Tax Com., 247 Or 380 , 430 P2d 349 (1967), in which the court states, at 384-386: “While it is generally said that a taxpayer whose assessment complies with the statutes may not claim judicial relief solely because of the failure of the assessor to raise his neighbors’ assessments to comply with the.same law, there is an exception to this general rule. 1973The facts surrounding these two cases bring them squarely within the decision of Penn Phillips Lands v. Tax Com., 247 Or 380 , 430 P2d 349 (1967), in which the court states, at 384-386: “While it is generally said that a taxpayer whose assessment complies with the statutes may not claim judicial relief solely because of the failure of the assessor to raise his neighbors’ assessments to comply with the.same law, there is an exception to this general rule.	1	1973–1973

Where else courts name it

CA 31 (1968–2025) WV 26 (1993–2022) FL 21 (1941–2016) TX 21 (1919–2024) NY 14 (1877–2023) OR 8 (1973–2023) WI 7 (1951–2012) TN 7 (1916–2007) IA 7 (1922–2015) OH 6 (1989–2012) CT 6 (1987–2016) MS 5 (1968–2003) AZ 5 (1987–2017) KY 5 (1927–2023) WA 5 (2006–2015) NJ 5 (1953–2008) ID 4 (1988–2015) LA 4 (1986–2010) VA 4 (1979–2004) MO 4 (1870–2024) AL 4 (1917–2015) WY 3 (1984–2013) KS 3 (1924–1983) ND 3 (1987–2008) NC 3 (1921–2010) MI 3 (1933–2015) AR 3 (1893–2013) IL 3 (1988–2014) PA 3 (1975–2002) SC 2 (1995–2005) MA 2 (1974–2014) MT 2 (1956–1989) UT 2 (1897–1938) VT 2 (2021–2021) AK 2 (2015–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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