The current ownership trend in the Hampton Street neighborhood is toward the consolidation of two or more of the smaller original lots into a larger, developed lot that satisfies the sixty-five-foot width requirement. Court of Appeals, 9th Circuit, Appeal No. In DecemberPortland dropped a legal challenge to court-ordered hearings.
An exception to governmental immunity applies when a governmental entity is negligent in "the construction, operation or maintenance of any public building or the appurtenances to any public building.
The "terms or expressions in an ordinance are to be construed reasonably with regard to both the objectives sought to be obtained and the general structure of the ordinance as a whole. October 27, Panel: Kula after he ambushed them in a parking lot. The issue before the court is whether the City and County had the legal authority to make the decisions that they did.
First, none of the preempted claims in Olguin was based on a state tort that relied on a standard articulated by the courts without reference to a collective bargaining agreement. See also Paige, F.
It requires only a showing that there is no probability that Miller cannot do the job satisfactorily or that he can do so only at the risk of incapacitating himself. It notes that perhaps some independent, negotiable rights might also not be preempted.
This case is not relevant for two reasons. He wrote in his Opinion that there was no federal preemption. In Truex, the court found an emotional distress claim preempted because it was based on the employer's issuance of unjustified warning letters and on excessive supervision of the employee.
So far, Internet access providers have lobbied both the Congress and the Federal Communications Commission to mandate open access to the broadband networks that are being developed. See Montgomery Ward, P. That practice could be enhanced. Instead, a discrimination claim relies on a statutory standard: May Dep't Stores, Or.
With disputes as to material facts remaining as to these three elements, the Maine Tort Claims Act requires nothing more to state a cause of action, sufficient to defeat summary judgment, under the public buildings exception.
Swallow does not create such a bar. He also wrote that neither the City nor the County had violated the first amendment, the contract clause, the commerce clause, the Oregon Constitution, or the franchise agreements.
If mere overlap were permitted to preempt state law, section would begin to dictate the "substance of what private parties may agree to in a labor contract. If a court can uphold state rights without interpreting the terms of a CBA, allowing suit based on the state rights does not undermine the purpose of section preemption: Washington County Technical College, F.
The Oregon Tax Court has ruled that the Oregon Department of Revenue exceeded its authority in rescinding approval of a boundary change sought by Happy Valley during its. HANNAH O'TOOLE. v. CITY OF PORTLAND. LEVY, J. [¶9] This case involves a request for a practical difficulty variance.
and the action is remanded to the Superior Court for entry of a judgment affirming the decision of. No. In The. United States Court of Appeals. For the Third Circuit _____ SYED FARHAJ HASSAN ET AL. Plaintiffs-Appellants, v. T. HE. C. ITY OF. AT&T Corp.
v. City of Portland, F.3d(9 th Cir. ). Again, the TCDA defines “telecommunications services” to mean “the transmission of two-way interactive communications to the public for hire,” and the TMA adopted this definition. [¶11] We are assisted in the analysis of this case by the instructive case of Swallow v.
City of Lewiston, A.2d (Me. ). There, the plaintiff fell on the poorly lit curb between the walkway and parking area near a public building. Nature of the Case. This is a federal suit brought by AT&T and TCI, a cable company which AT&T has acquired, for a declaratory judgment that the City of Portland and the County of Multnomah illegally refused to grant AT&T/TCI's request for change of control.The significance of the att v city of portland case