ENTRY FORM

CALENDAR STATUS: Cancelled
SC Number:
S060187
CA Number:
A143348
Case Title:
Elk Creek Management Company v. Harold Gilbert
Date:
01/07/2013
Time:
11:00 AM
Location:
Supreme Court Courtroom
Attorneys:
Mandy A Weeks, Edward Johnson and Danielle Lordi on behalf of Harold Gilbert and Melissa Strittmatter
Max S Taggart, II on behalf of Elk Creek Management Company
Comments:
Statement of Issues:
Elk Creek Management Company v. Harold Gilbert (S060187) (A143348) (appeal from Malheur County Circuit Court; opinion reported at 244 Or App 382, 260 P3d 686 (2011), modified on recons, 247 Or App 572, 270 P3d 362 (2012)).

Defendants Harold Gilbert, et al., have been granted review of a Court of Appeals decision that affirmed a trial court decision rejecting defendants' claim of retaliation under ORS 90.385 and ruling in favor of plaintiff Elk Creek Management Company on plaintiff's claim for forcible entry and detainer (FED).

On review, the issue is:

Must a tenant prove his or her landlord's malevolent intent to successfully assert a retaliation defense under ORS 90.385?

The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:

Last Revised: 10/08/2012