MULTNOMAH COUNTY CIRCUIT COURT: PORT OF PORTLAND v. OCEH
The Multnomah County Circuit Court today granted a summary judgment motion filed by Harrang Long on behalf of the Port of Portland in a case involving application of the attorney-client privilege to public records. The court determined that a joint defense agreement was exempt from disclosure under Oregon's Public Records Law because it is a privileged communication between lawyers and clients with a common interest in litigation.
SEVEN HLGR ATTORNEYS NAMED IN 2007 SUPER LAWYERS® LIST
We are proud to announce that Bill Gary, Glenn Klein, Susan Marmaduke, Frank Moscato, Jim Mountain, Sharon Rudnick and Mark Wada have been selected as Super Lawyers® in Oregon Super Lawyers® magazine. The Super Lawyers® selection process is a combination of balloting, blue ribbon panel review and independent research. For more information, check out Super Lawyers® online.
OREGON COURT OF APPEALS: PORTLAND DEVELOPMENT COMMISSION v. STATE OF OREGON
The Oregon Court of Appeals today affirmed Harrang Long's successful defense of the Portland Development Commission (PDC) against a claim by the Commissioner of the Bureau of Labor and Industries (BOLI) in which BOLI tried to apply the Prevailing Wage Law to a construction project for a private building made possible through a public/private economic development partnership. The appellate court agreed that the Prevailing Wage Law does not apply to these types of construction projects. This ruling is critically important to all cities that are trying to stimulate economic development in their communities.
FEDERAL COURT GRANTS CITY OF EUGENE'S MOTION TO DISMISS MCI'S CHALLENGE TO CITY'S TELECOMMUNICATIONS FEES
The fees are taxes under the Tax Injunction Act and cannot be challenged in federal court. Click here to read the decision.
BEST LAWYERS IN AMERICA®
October 1, 2007
HLGR is pleased to announce that Bill Gary, Glenn Klein, Jerry Lidz, Frank Moscato and Jim Mountain have been named in several categories again this year in The Best Lawyers® in America 2007 - 2008. Bill is listed in the Appellate and Commercial Litigation sections; Glenn and Jerry are listed in the Municipal Law section; Frank is listed in the Professional Malpractice Law section; and Jim is listed in the Appellate section. The Best Lawyers in America® is generally considered the foremost referral guide to legal professionals in the United States. The current, 13th edition of Best Lawyers® (2008) represents over 50 specialties in all 50 states and Washington, DC, and is based on the results of the confidential evaluations of more than 415,000 top U.S. lawyers by their peers.
CITY OF EUGENE PREVAILS - Eugene Developer Loses In Court
July 25, 2007 - From The Register-Guard (Randi Bjornstad)
Eugene businessman John Hammer took another blow from the courts last week when a Lane County judge reversed her earlier decision and said that a suit he filed against the city of Eugene for allegedly taking his land without compensation must stand alone, not as part of a class-action suit that represents at least 200 developers...
"The U.S. Supreme Court declined in October 2006, so we filed our request to decertify with Judge Holland early this year," Schmidt said. "We had a hearing on the motion on April 16, and she issued her ruling three months later." Click here to read full article.
JUDGE ORDERS IMAGING CENTER TO STAY OPEN. MEANTIME, PROVIDENCE AND RVMC MUST SETTLE DIFFERENCES OVER THEIR JOINT VENTURE OR CIRCUIT JUDGE MARK SCHIVELY WILL
July 25, 2007 - From the Mail Tribune (Bill Kettler)
Oregon Advanced Imaging will continue to provide CT and MRI scans while its business partners try to settle their differences.
Jackson County Circuit Court Judge Mark Schiveley issued a preliminary injunction Tuesday to keep the medical imaging center operating. Providence Medford Medical Center had requested the injunction after Rogue Valley Medical Center announced plans to step out of the joint venture, which also includes the physicians of Medford Radiological Group. Click here to read full article.
PROFILES IN THE LAW: OREGON STATE BAR BULLETIN, MAY 2007
May 1, 2007
Not to be judgmental, but help keep children out of the county's courtrooms.
April 17, 2007 - From The Oregonian (Margie Boule)
STATE OF OREGON V CITY OF SALEM
February 20, 2007
Marion County Circuit Court Judge Mary Mertens James issued a decision favorable to our client, the Salem Urban Renewal Agency, in the Salem Conference Center case. The Salem Urban Renewal Agency was sued by the state Bureau of Labor and Industries for failure to require payment of prevailing wages on the Grand Phoenix Hotel, a hotel that is located adjacent to the publicly-owned Salem Conference Center. The Bureau contended that the timing of the construction of the hotel, its proximity to the conference center, certain development requirements imposed by the Agency and the interconnectivity between the operations in both buildings (which include the Agency's leasing of some space in the hotel) created an obligation of the Agency and the hotel general contractor to pay prevailing wages. Based on the private ownership, financing and operations of the hotel we argued that there was not sufficient public involvement in the hotel to require payment of prevailing wages. After reviewing the parties' cross-motions for summary judgment, Judge James agreed with our position, holding that state laws regarding payment of prevailing wages do not apply to the hotel.