required notice claim (Oregon) · Go Syfert
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required notice claim in Oregon

6 Oregon opinions name it 2 courts 1981–2010 0 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)

CaseFollowedCited
Wardius v. Oregongreen
scotus · 1973 · cited in 1 Oregon opinions naming this issue, 1997–1997
2 sentences

1997See Wardius v. Oregon, 412 US 470 , 93 S Ct 2208 , 37 L Ed 2d 82 (1973) (holding that a statute requiring the trial court to exclude the defendant’s alibi witness because the defendant failed to file the required notice of the defense violated the federal Due Process Clause).

1997See Wardius v. Oregon, 412 US 470 , 93 S Ct 2208 , 37 L Ed 2d 82 (1973) (holding that a statute requiring the trial court to exclude the defendant’s alibi witness because the defendant failed to file the required notice of the defense violated the federal Due Process Clause).

11
Nyman v. City of Eugenegreen
or · 1979 · cited in 1 Oregon opinions naming this issue, 1988–1988
2 sentences

1988See note 3, supra. Finally, LUBA ruled that the county’s failure to follow the requisite procedure and to provide Harding with the required notice and hearing “is not simply a procedural error, but one which deprives the county of jurisdiction to entertain a road vacation.” LUBA based its “jurisdictional” ruling on this court’s opinion in Nyman v. City of Eugene, 32 Or App 307 , 574 P2d 332 (1978), aff’d 286 Or 47 , 593 P2d 515 (1979).

1988See note 3, supra. Finally, LUBA ruled that the county’s failure to follow the requisite procedure and to provide Harding with the required notice and hearing “is not simply a procedural error, but one which deprives the county of jurisdiction to entertain a road vacation.” LUBA based its “jurisdictional” ruling on this court’s opinion in Nyman v. City of Eugene, 32 Or App 307 , 574 P2d 332 (1978), aff’d 286 Or 47 , 593 P2d 515 (1979).

11
Nyman v. City of Eugenegreen
orctapp · 1978 · cited in 1 Oregon opinions naming this issue, 1988–1988
2 sentences

1988See note 3, supra. Finally, LUBA ruled that the county’s failure to follow the requisite procedure and to provide Harding with the required notice and hearing “is not simply a procedural error, but one which deprives the county of jurisdiction to entertain a road vacation.” LUBA based its “jurisdictional” ruling on this court’s opinion in Nyman v. City of Eugene, 32 Or App 307 , 574 P2d 332 (1978), aff’d 286 Or 47 , 593 P2d 515 (1979).

1988See note 3, supra. Finally, LUBA ruled that the county’s failure to follow the requisite procedure and to provide Harding with the required notice and hearing “is not simply a procedural error, but one which deprives the county of jurisdiction to entertain a road vacation.” LUBA based its “jurisdictional” ruling on this court’s opinion in Nyman v. City of Eugene, 32 Or App 307 , 574 P2d 332 (1978), aff’d 286 Or 47 , 593 P2d 515 (1979).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Coleman v. Oregon Parks & Recreation Department green
or · 2009
2 sentences

2010Coleman v. Oregon Parks and Recreation Dept., 347 Or 94 , 217 P3d 651 (2009) (Coleman II).

2010Coleman v. Oregon Parks and Recreation Dept., 347 Or 94 , 217 P3d 651 (2009) (Coleman II).

12010–2010
Coleman v. Oregon Parks & Recreation Department green
orctapp · 2008
2 sentences

2010This appeal is before us on remand from the Supreme Court, which reversed our prior decision, Coleman v. Oregon Parks and Recreation Dept., 221 Or App 484 , 190 P3d 487 (2008) (Coleman I), and remanded for consideration of an issue that we did not reach in that decision, namely, whether the trial court erred by dismissing a claim for loss of consortium because of a failure to provide the required notice of that claim.

2010This appeal is before us on remand from the Supreme Court, which reversed our prior decision, Coleman v. Oregon Parks and Recreation Dept., 221 Or App 484 , 190 P3d 487 (2008) (Coleman I), and remanded for consideration of an issue that we did not reach in that decision, namely, whether the trial court erred by dismissing a claim for loss of consortium because of a failure to provide the required notice of that claim.

12010–2010
Vendrell v. School District No. 26C green
or · 1961
2 sentences

1994Vendrell v. School District No. 26C et al., 226 Or. 263, 278 , 360 P.2d 282 (1961).

1994Vendrell v. School District No. 26C et al., 226 Or. 263, 278 , 360 P.2d 282 (1961).

11994–1994
Scovell v. TRK Trans, Inc. neutral
orctapp · 1984
1 sentence

1985Because TRK provided the required notice of its claim, it is entitled to maintain its third-party action.” 71 Or App at 192-93 .

11985–1985
Brennen v. City of Eugene green
or · 1979
2 sentences

1981These claims present different issues regarding theories of liability, regarding the exception for "discretionary functions,” see, e.g., Dizick v. Umpqua Community College, 287 Or 303 , 599 P2d 444 (1979); Brennen v. City of Eugene, 285 Or 401 , 591 P2d 719 (1979), and regarding the required notice of claim.

1981These claims present different issues regarding theories of liability, regarding the exception for "discretionary functions,” see, e.g., Dizick v. Umpqua Community College, 287 Or 303 , 599 P2d 444 (1979); Brennen v. City of Eugene, 285 Or 401 , 591 P2d 719 (1979), and regarding the required notice of claim.

11981–1981
Dizick v. Umpqua Community College green
or · 1979
2 sentences

1981These claims present different issues regarding theories of liability, regarding the exception for "discretionary functions,” see, e.g., Dizick v. Umpqua Community College, 287 Or 303 , 599 P2d 444 (1979); Brennen v. City of Eugene, 285 Or 401 , 591 P2d 719 (1979), and regarding the required notice of claim.

1981These claims present different issues regarding theories of liability, regarding the exception for "discretionary functions,” see, e.g., Dizick v. Umpqua Community College, 287 Or 303 , 599 P2d 444 (1979); Brennen v. City of Eugene, 285 Or 401 , 591 P2d 719 (1979), and regarding the required notice of claim.

11981–1981

Where else courts name it

NY 16 (1952–2026) TX 10 (1952–2025) FL 7 (1955–1997) OR 6 (1981–2010) NJ 4 (1958–2019) MI 4 (1970–2019) CA 4 (1948–2015) MS 4 (1998–2003) GA 4 (1992–2022) PA 3 (1943–2020) MD 2 (1999–2010) OH 2 (2013–2024) AZ 2 (2006–2006) IL 2 (1980–2014) UT 2 (1919–2013) IA 2 (1971–1975)

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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