Chapter 480

 

      480.070

 

NOTES OF DECISIONS

 

      This statute was not unconstitutionally vague and overbroad under U.S. Const., Am. XIV. State v. Drummond, 6 Or App 558, 489 P2d 958 (1971)

 

      480.127

 

NOTES OF DECISIONS

 

      Because definition of ground spinner in this section employs inexact phrase, Fire Marshal was authorized to interpret it by rule. Oregon Ind. Day Assoc. v. State Fire Marshal, 80 Or App 373, 721 P2d 1389 (1986)

 

      480.156

 

NOTES OF DECISIONS

 

      Where statute was challenged as unconstitutionally vague, determinative factor was whether there is reasonable degree of common understanding of what is encompassed by prohibition in statute; wording of this section is sufficiently specific to inform person of what conduct is prohibited. Cascade Fireworks v. State of Oregon, 86 Or App 355, 738 P2d 1013 (1987)

 

      Where statute was challenged as an unconstitutional restriction on interstate commerce under Art. I, section 8, of the United States Constitution, any effect on interstate commerce could only be incidental and outweighed by state’s interest in safety of its citizens. Cascade Fireworks v. State of Oregon, 86 Or App 355, 738 P2d 1013 (1987)

 

      480.330

 

NOTES OF DECISIONS

 

      This section does not bestow privilege or immunity on “true class,” therefore it does not violate Article I, section 20, of the Oregon Constitution. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied; Southern Wasco County Ambulance Service v. State of Oregon, 156 Or App 543, 968 P2d 848 (1998), Sup Ct review denied

 

      Where rational basis exists for prohibiting retail self-service dispensing of gasoline, there is no Equal Protection Clause violation. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied

 

      Where this section does not raise any economic protectionist concerns, it does not violate Commerce Clause of United States Constitution. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied

 

      Where plaintiff is not within class protected by this section and injury to business interests is not among harms statute is intended to prevent, complaint that defendant interfered with plaintiff’s business relations and engaged in unfair competition does not state claim. Klinger v. Morrow County Grain Growers, Inc., 102 Or App 375, 794 P2d 811 (1990), Sup Ct review denied

 

ATTY. GEN. OPINIONS: Self-service gasoline sales, (1990) Vol 46, p 342

 

      480.340

 

NOTES OF DECISIONS

 

      This section does not bestow privilege or immunity on “true class” therefore it does not violate Article I, section 20, of the Oregon Constitution. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied

 

      Where rational basis exists for prohibiting retail coin-operated or self-service dispensing device for gasoline, there is no Equal Protection Clause violation. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied

 

      Where this section does not raise economic protectionist concerns, it does not violate Commerce Clause of United States Constitution. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied

 

ATTY. GEN. OPINIONS: Self-service gasoline sales, (1990) Vol 46, p 342

 

      480.345

 

NOTES OF DECISIONS

 

      Distinction between retail and nonretail customers does not violate section 20, Article I, Oregon Constitution. Southern Wasco County Ambulance Service v. State of Oregon, 156 Or App 543, 968 P2d 848 (1998), Sup Ct review denied

 

      Authority of State Fire Marshal to issue licenses is not invalid due to vagueness. Southern Wasco County Ambulance Service v. State of Oregon, 156 Or App 543, 968 P2d 848 (1998), Sup Ct review denied

 

      480.360

 

NOTES OF DECISIONS

 

      Exemption for nonretail customers that have been customers of facility since June 30, 1991, did not create special class in violation of Article I, Section 20. Ag West Supply v. Hall, 126 Or App 475, 869 P2d 383 (1994)

 

      480.565

 

ATTY. GEN. OPINIONS: Authority of special inspector to inspect boilers or pressure vessels not insured or about to be insured, (1977) Vol 38, p 1079

 

      480.570

 

ATTY. GEN. OPINIONS: Insufficiency of product liability insurance to satisfy conditions of this section, (1977) Vol 38, p 1079