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Lack of Evidence of Prior Use Not Fatal to Implied Easement Claim
On August 10, 2016, the Oregon Court of Appeals issued a decision on an implied easement claim, finding that the lack of evidence regarding the use of the easement before the initial conveyance of the benefited property was not fatal to the claim. Da...
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Controversial Cap on Damages Against Public Entities and Employees Upheld in Horton v. OHSU
While this case is not specifically related to the development industry, we believe the constitutional issues will be important to this blog’s audience and our public sector clients.
In May 2016, the Oregon Supreme Court upheld a controversial statut...
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Employment Law Issues for the Development Industry
Apr 15, 2016
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Recently, several of my colleagues have written articles on employment law issues, ranging from best hiring practices to Oregon's new minimum-wage laws. Since employment issues are prevalent in all industries, including development, it dawned on me t...
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Justice Thomas Signals that the Supreme Court May Review Inclusionary Zoning
Mar 01, 2016
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Just days after the Oregon Senate approved a bill that would allow inclusionary zoning—i.e. permitting local governments to condition the grant of incentives to developers on the inclusion of affordable housing in new developments—at least one United...
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New Property Owners, Beware: Possible Shortened Time to Bring Defective-Construction Claims
The Oregon Supreme Court issued a decision on February 19, 2016, affirming a decision to dismiss a homeowner's claim against a builder for defective construction.
In Shell v. Schollander Companies, Inc., 350 Or 552 (2016), defendant, a builder, began...
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