From the Ground Up

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LUBA Decision Blocks Proposed Right 2 Dream Too Move to the Central Eastside

Aug 31, 2016

Housing, Legal Developments—Oregon, Real Estate, From the Ground Up

The City of Portland has been struggling for several years to find a permanent location for the Right 2 Dream Too ("R2DToo") tent camp, currently located at the corner of NW 4th and Burnside. An August 30, 2016, decision by the Oregon Land Use Board...

A Housing Price Slowdown in Portland? Not So Fast

Aug 30, 2016

Housing, Real Estate, From the Ground Up

National numbers released this morning show that home prices rose 5.1 percent year to year nationwide—although, according to The Wall Street Journal, "[p]rice growth did show some sign of slowing in the country's largest cities." But is this "slowing...

Opening the Door to Owner and General Contractor Liability Under Oregon's Employer Liability Law

Aug 29, 2016

Construction, Legal Developments—Oregon, Litigation, Real Estate, From the Ground Up

General contractors and other employers (even some owners) have greater exposure under Oregon's Employer Liability Law (the “ELL”) to injured workers based on the recent Oregon Supreme Court decision in Yeatts v. Polygon Northwest Co. The ELL imposes...

Lack of Evidence of Prior Use Not Fatal to Implied Easement Claim

Aug 18, 2016

Land Use, Legal Developments—Oregon, Litigation, Real Estate, From the Ground Up

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...

Smelter Not Liable Under CERCLA as an Arranger for Disposal

Jul 29, 2016

By Jeff C. Miller

Environmental, Insurance, Litigation, From the Ground Up

A Ninth Circuit panel reversed a district court’s denial of a smelter owner’s motion to dismiss, holding that the owner/operator of a facility that emits airborne hazardous substances cannot be held liable as an arranger for disposal under CERCLA. Th...

In Vino Perseverance: Winery Launch Faces Barriers to Entry

Jul 14, 2016

Land Use, From the Ground Up

From The Ground Up contributor LeAnne Bremer recently had an article published in the Vancouver Business Journal titled "In Vino Perseverance: Winery Launch Faces Barriers to Entry." The article discusses land use and permitting issues encountered by...