Thursday, January 27th, 2011 at 7:55 pm
State v. Barger, 349 Or 553 (2011)
1) According to Webster’s, the common meaning of the word “control” is “to exercise restraining or direct influence over: REGULATE, CURB.” at p. 559.
2) “For purposes of most Oregon criminal statutes” the word “possess” means “to have physical possession or otherwise to exercise dominion or control over property. (cite omitted).” at p. 559.
3) “Possession” can mean” (1) physically controlling the property (actual) or (2) exercising some other kind of dominion or control (constructive). at p. 559.
Wednesday, January 26th, 2011 at 8:05 pm
El Rio Nilo, LLC v. Oregon Liquor Control Comm., 240 OrApp 362 (2011)
1) “* * *. Although an agency’s interpretation of a statute may be accorded deference depending of the nature of the terms involved, an inexact term is reviewed as a matter of law. (cite omitted).” at p. 367.
2) “Here, the term ‘notification’ is an inexact term. (cite omitted).” at p. 367.
3) Applicability of the phrase “adverse neighborhood impact” can be implied from a list of factors that fall under that rubric. at p. 367.
4) Where a word is susceptible to more than one common meaning, the meaning most likely intended by the lawmakers is gleaned from the purposes of the statute. at p. 369.