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Is the Oregon Court of Appeals Valid?

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In a challenge to the validity Article VII (Amended) of the Oregon Constitution, the Oregon Supreme Court decided that the Court of Appeals is indeed valid. Opinion in here, Carey v. Lincoln Loan Company (S53242):

Judge Ballmer:

Is the Court of Appeals lawfully constituted? Defendant Lincoln Loan Co. argues that it is not, because — in defendant’s view — the provision of the Oregon Constitution that purports to authorize the legislature to establish courts was improperly adopted in 1910. It therefore follows — again, in defendant’s view — that, when the legislature created the Court of Appeals by statute in 1969, it had no authority to do so. For that reason, defendant asserts, the Court of Appeals decision in this case, which reversed a trial court judgment in favor of defendant, is invalid and must be vacated. The Court of Appeals rejected defendant’s argument that that court was improperly established and ruled against defendant on the merits. For the reasons set out below, we affirm the decision of the Court of Appeals.”

Links to other recent cases from the Oregon Supreme Court and the (still valid) Oregon Court of Appeals can be found here and here.

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