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Government & Public Entities

Represented public school district in appeal from judgment for plaintiff on IDEA and §1983 claims. Obtained reversal of judgment and affirmance of pretrial rulings dismissing ADA and Rehabilitation Act claims.
Coauthored amicus brief in Doe v. Medford School District, addressing public-entity rights as property owner and employer and state statutes concerning concealed weapons.
Michelle successfully represented the University of Oregon in the jury trial of a Title IX claim in the U.S. District Court for the District of Oregon and obtained a directed verdict in favor of the University on the third day of trial.
Represented public school district in challenge to reimbursement district that required property owners to share a portion of school district's cost of building roadway. Court of Appeals affirmed trial court's determination that fees assessed against property owners were appropriate and did not violate United States or Oregon Constitutions.
Represented Cities of Lake Oswego and West Linn in a successful challenge to the inclusion of the Stafford basin area within the Metropolitan Urban Growth Boundary.
Our client Portland Public School District won a jury verdict after a four-week trial, defeating claims by a former administrator who alleged "whistleblower" retaliation, defamation, "false light," battery, and intentional infliction of emotional distress when her position was eliminated after she raised concerns about safety in special education programs.
Drafted and advised public port entity on successful multi-million dollar equipment purchase and custom construction contract with Chinese company, including import and payment issues.
Favorable decisions from Bureau of Labor and Industries/Equal Employment Opportunity Commission for various public entities (including school districts) and private employers.
Represented public university in consolidated actions for highly publicized breaches of fiduciary duty and standard of care related to development of urban branch campus.
Assisted cities and counties with amendments to their home-rule charters.
Favorable employer decision in binding interest arbitration regarding collective bargaining agreement dispute.
Drafted construction contracts and revisions to AIA form contracts for public and private sector clients, including community colleges, private universities, school districts, and cities.
Successfully defended public university in class action by persons who enrolled in two early retirement programs.
Favorable employer decisions in representation and classification hearings for Employment Relations Board.
City of Salem v. Salem Police Employees’ Union, No. UP-004-10, 23 PECBR 725 (2010). Staying interest arbitration initiated by union, pending grievance arbitration hearing.
Marion County District Attorney Investigators Ass’n v. Marion County, No. RC-018-09, http://www.oregon.gov/ERB/order/RC01809.pdf (Feb. 1, 2011). Dismissing representation petition to form new unit from existing unit as untimely and concluding that investigators are not police officers.
International Association of Firefighters Local #1431 v. City of Medford and City of Medford v. International Association of Firefighters Local #1431, Nos. UP-032-06, UP-035-06, 22 PECBR 198 (2007), 22 PECBR 452 (2008). Finding union to have engaged in bad-faith bargaining and compelling union to proceed to interest arbitration on remaining issue and awarding city its attorney fees.
Review, draft, and negotiate general business agreements for school districts, colleges, and universities, including lease agreements, promissory notes and trust deeds, releases, waivers, policies, purchase and sale agreements, easements, intergovernmental agreements, license agreements, affiliation agreements, co-branding agreements, and services agreements. 
In the Arbitration Proceeding between Federation of Parole and Probation Officers and Marion County, (Oct. 21, 2007) (Nelson, Arb.). Rejecting union bid for employer-paid health insurance and maintaining union on county plan with copayments.
Assisted Portland Community College in the development and implementation of its 2000 and 2008 bond program expansions, including land use, construction contracts, property acquisition, and election law issues.
Represented indenture trustee in protecting interests of bondholders in Chapter 9 bankruptcy of housing authority. Issues included Chapter 9 resolution of debts of a municipality and preservation of rights of bondholders.
Represented lessor in long-term ground lease of land in industrial park to industrial user.
Represent client in permitting a construction waste landfill.
Assemblage of all or part of seven properties through negotiation and condemnation; adoption of a Metro Title 11 concept plan; annexation to the City of Sherwood; formation of a reimbursement district for public utility expenditures; obtained wetland fill permits; obtained conditional use permit, property line adjustments, and partition.
Chaired committee that developed the transition legislation following Metro charter amendment changing from a Metro executive to manager/council form of government.
Advice to U.S.-based higher education institutions on foreign country requirements for providing college-level classes and degrees, establishing subsidiaries abroad, and handling employment relationships, including contract negotiations and drafting.
Assisted several public clients with siting of solar facilities on the roofs of new and remodeled buildings. Assisted wind and solar energy clients with obtaining and defending on appeal county land use approvals for renewable energy projects.
Represent client in environmental permitting with Washington Department of Ecology and NOAA.
Represent client in permitting a major regional business park.