From the Ground Up
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LUBA Decision Blocks Proposed Right 2 Dream Too Move to the Central Eastside
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...
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Opening the Door to Owner and General Contractor Liability Under Oregon's Employer Liability Law
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...
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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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