Greenway v. Parlanti, 245 OrA 144 (2011)

Holding:   Applicable statute requires landlord terminating a rental agreement to serve notice specifying the date and time of termination. A notice which declares that the agreement will terminate 24 hours after service is not specific or explicit

1)   “Generally, we seek to ascertain the intent of the legislature by examining the text and context of the statute at issue as well as any helpful legislative history offered by the parties.” citing, State v. Gaines. at p. 148.

2)   “When construing a statute, we give “words of common usage their plain and ordinary meaning.” cite omitted. at p. 148.

3)   When construing a statute, Courts are to ascertain what is “contained therein, not to omit what is inserted or insert what has been omitted.” referencing ORS 174.010. at p. 148.

4)   A statute is unambiguous if the text only supports a single plausible interpretation. at p. 149.

5)   “In common usage, ‘specifying’ is defined as ‘to mention in a specific or explicit manner: tell or state precisely or in detail.’” (cite omitted). at p. 149.

Filed under: uncategorized

Like this post? Subscribe to my RSS feed and get loads more!