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Oregon sunshine lawsuits

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Here is a list of major FOIA court decisions and their effect on the Oregon Public Records Law.


" Year Precedent
Davis v. Walker 1991 This case established that, if an agency can't substantiate its charges, than its charges are by definition unreasonable.
Gray v. Salem-Keizer School District 1996
In Defense of Animals v. OHSU 2005
Mail Tribune v. Michael Winters 2008
Marks v. McKenzie High School Fact Finding Team 1994 This case established a number of important precedents:
  1. It established the following criteria to be considered when determining if a private entity is a public body:
  • The entity's origin.
  • The function the entity performs.
  • The entity's authority, (advisory or decision-making).
  • The level of government funding.
  • The level of government control.
  • If the officers and employees of the entity are also government officials.
  1. Extra weight needs to be placed on an entities authority and its capacity to directly alter law and policy as opposed to functioning in a strictly advisory capacity.
McEwan v. Holm 1961 A requestor's purpose in asking for a record is irrelevant.

References