From the Ground Up
All Articles
Oregon Court of Appeals Gives a Boost to the State’s Provision of New Housing
On March 20, 2019, the Oregon Court of Appeals affirmed the Land Use Board of Appeals (“LUBA”) in a decision interpreting ORS 197.307(4), which is the “clear and objective” requirement of the ORS 197.295-.314 needed housing statutes. Warren v. Washin...
Continue Reading >
Portland-Area Consumer Price Index Discontinued
Many local commercial leases use the Portland-area consumer price index ("CPI") to calculate periodic rent adjustments. That index was discontinued in 2018. For commercial landlords and tenants whose leases rely on the now-discontinued Portland...
Continue Reading >
Condo Lien Gone Wrong: Summary Lien Procedure used Successfully to Challenge Excessive Condo Lien
ServPro filed a single lien on a condo for water damage remediation work in the amount of $183,945.09 but did not allocate proportionally the amount of its billing among the 20 units impacted. This mistake illustrates the difficulties in getting a li...
Continue Reading >
Supreme Court to Take Up Protection of Confidential Information Provided to the Government
On January 11, the United States Supreme Court announced it accepted the Food Marketing Institute’s cert petition to review the Eighth Circuit’s decision in Food Marketing Institute v. Argus Leader Media, representing the latest development towa...
Continue Reading >
Oregon’s 2019 Cap and Invest Legislation
Speaking today at a seminar sponsored by the University of Oregon, Senator Michael Dembrow and Representative Karin Power stated that they intend to introduce cap and invest legislation by the end of this month. The system is aligned with the Western...
Continue Reading >
Proposition 65—Under Construction
California’s Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65, continues to be amended to address errors and omissions in the original regulations. Proposition 65 applies to all businesses in the chain of com...
Continue Reading >