Practice Areas

SAMPLE OF CASES:

Arnold v. Kotek: Obtained injunction against Ballot Measure 114 and challenged the constitutionality. (pending)

Schwarts v. Washington County: Overturned local government ban on businesses.

Free Oregon v. OHA: Challenge to the constitutionality of the vaccine mandate. (pending)

Mooney v. Kate Brown: (challenge to Mask Mandate): Court agreed mandate was a rule, but found case moot after Governor changed the rule.

Columbia County v. Brumbles (Second Amendment Sanctuary Ordinance): 21CV12796

Defense of Second Amendment Sanctuary Ordinances passed by the voters.

1000 Friends v. Mark Herkamp: Case A174968

Successful application for our client as anti-land use group tries to stop police officer home occupation of hosting events. Police Officer prevails.

Jim DeYoung v. Damascus: Case 16CV12583

Victorious Challenge to the constitutionality of forced disincorporation vote by state legislature. Circuit Court failed to stop the invalid election but we won at the Court of Appeals.

BOLI v. Sweetcakes by Melissa:

Defending first amendment rights and religious liberties. Oregon Court of Appeals agrees with state, but United States Supreme Court granted cert., vacated the decision and ordered further review.

Berman et. al. v. Kate Brown and SEIU 503 – 6:16-cv-02108-AA

Constitutional Challenge to the right to not be compelled to associate with a union.

Reeves v. Wagner (Libertarian Party)- Clackamas County CV12010345

Court of Appeals rules that a political party does have to follow its own bylaws and can breach the contract rights of its members and that Secretary of State could have decided that party leaders were not legitimate.

Marion Ag Service Inc.

Conditional use permit(s), DEQ Permits, Land Acquisition, 2014 through 2018.

Akin v. West Linn: Case 17CV10493 –

City Fails to prevent against overflows of its stormwater system. Government takings and trespass of water case.

Mitchell v. Linn County: Conditional Use Permit

Approval of personal use airport. Approved unanimously before the County Commission, LUBA and Oregon Court of Appeals.

Roaring Springs Ranch v. BLM IBLA Case OR 20-12-01

Successfully challenged and overturned BLM’s denial of grazing rights for major cattle ranch.

Harris v. Mulino Hanger Cafe and Roadhouse: Case 3:13-cv-00793-MO

Won federal jury trial successfully defending against employment claims totaling over $300,000.

Woods v. Hill: Clackamas County Case CV 070400

Six Figure Jury Verdict in favor of Plaintiff.

Knight v. Baker City School District Federal Court 12-cv-1738

Kyle Knight succeeds in having censure revoked and all elected official rights restored.

Oregon School for the Blind (Failing) v. Oregon Department of Education: Marion County Case CV 09C18742

$6,000,000 win for Oregon kids on Quiet Title and Declaratory Judgment action contesting trust management and property rights! Catalyst Statesman Journal Oregonian story Save the School for the Blind, KTVU, OPB, Statesman Journal, Quiet Title Action

GROUNDBREAKING WIN FOR OREGON KIDS!!

After families and friends of the Oregon School for the Blind hired us to fight the Legislature and Oregon Department of Education on the proper use of the proceeds of the sale of the Trust property (some $6,000,000) — The Oregon Legislature agreed and decided to do the right thing and keep the proceeds from the sale in Trust for the Blind and Visually Impaired and the Oregon School for the Deaf.

The families give special thanks to:

Common Sense for Oregon and Willamette Law Clinic

More Students File Complaints — Complaints Settled

North Clackamas OSB Student’s Complaint Resolved

Taggart v. Emmert et al, United States Bankruptcy Court, 09-39216 Rld7 –Verdict for Defendant in a bankruptcy contempt of court case after appeal to United States Supreme Court. We handled the district court portion.

Moeser v. Busy Beaver Logging: Clackamas County Case CV09090438

Dismissal in favor of Defendant, on a logger’s lien and real property foreclosure dispute, attorney fees awarded to Defendant.

Land Use Board of Appeals, 2009-080

Obtained reversal of a city decision improperly conducted to change a zone without following notice and meeting rules.

Oregon War Veterans Association v. DOJ: United States District Court, 10-CV6351-HO

Successfully protected major veterans organization from being forced to reveal private membership information, corporate strategy and other confidential communications.

Clackamas County Circuit Court, CV 100300078

Obtained a full dismissal before trial for Defendant in a real estate dispute alleging negligence and misrepresentation.

Clackamas County Circuit Court, LV 11010450 and 11010449

Successfully won two arbitration awards on counterclaims and obtained a full dismissal of plaintiff’s case, plus recieved attorney fees.

Anthony Meeker v. Oregon Secretary of State: CV 110197:

Forced the 2011 Oregon Legislature to negotiate and agree to a fair and constitutional United States congressional redistricting plan. Lawsuit filed on Oregon Redistricting

Warsaw Equity Group v. Casey Fetrow:

Timber trespass — Victory – Six Figure Judgment

WE ALSO HANDLE MATTERS NOT REQUIRING LITIGATION SUCH AS:

In Re Ming’s Family Restaurant:

Succeeded in reversing an Oregon Lottery Commission decision that improperly terminated a lottery retailer contract.

In Re Keep Hope Alive:

Successfully worked with Oregon Department of Education leaders to reinstate a specialized education provider after ODE staff had made some incorrect assumptions about the business. City of Silverton settles dispute with local activists with an apology, change in policy and payment.

SOME LINKS TO CLIENTS IN THE NEWS

Land use permit approval for Turner airport — Appealed and Approved Again

The city of Aurora tries to enforce non-existent demolition permit.

SOS Elections Division almost kills ballot initiative but Success the measure will be on the ballot.

PLF – Pacific Legal Foundation WINS for economic freedom!- Tyler Smith was local counsel.