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Ex. SEC-16-031 Order Primary source read

Elkhorn Baptist Church v. Brown, 366 Or. 506, S067736

Opinion directing peremptory writ vacating the Baker County Circuit Court's preliminary injunction

Supreme Court of Oregon · Oregon (Court)

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The record

Jurisdiction
Oregon
Level
Court
Authority
Mandamus; ORS 433.441, 401.165
Issued
2020-06-12 June 12, 2020
Effective
2020-06-12
In force
June 12, 2020 to June 30, 2020
Quarters
2020 Q2
Limitation types
Stay-at-homeBusiness closureGathering cap
Addressees
  • Baker County Circuit Court
Functions reached
  • WS Oregon's gathering and worship limits remained in force after the May 18, 2020 circuit-court injunction was stayed and then vacated
Collection
Religious Organizations and Nonprofits SEC-16

Operative words

Held: The preliminary injunction must be vacated because the circuit court's decision to issue it was based on an erroneous proposition--that, although the Governor had declared the state of emergency under the broad provisions of ORS 401.165, her invocation of the powers specified in ORS 433.441 to 433.452 caused the state of emergency and orders issued thereunder to be subject to the time limitations that apply to states of emergency declared under ORS 433.441 to 433.451. Peremptory writ of mandamus to issue immediately, in terms consistent with this opinion.

Retrieval note

Clause corrected to the opinion's exact words (repair, Sept. 27, 2026).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.