Oregon Supreme Court to hear two cases at University of Oregon law school

Media note: Only one still photographer and one video camera with technician are permitted in the courtroom. Media personnel must wear tasteful business attire. Broadcast media representatives may not move about the court during proceedings. Recording equipment must be positioned before the session opens and must not be moved during proceedings. Equipment cannot produce distracting sound or light.

EUGENE, Ore. -- (March 3, 2008) -- The Oregon Supreme Court will make its annual visit to the University of Oregon School of Law on Wednesday, March 5.

The justices will hear arguments in a dispute between Comcast of Oregon and the city of Eugene, as well as a case involving the delayed disclosure of sexual abuse. Oral arguments will be heard at 9 a.m. and 10:30 a.m. in Room 175, William W. Knight Law Center, 1515 Agate St. Sessions are open to the public.

9 a.m. Comcast of Oregon II Inc. v. City of Eugene:
In June 2001, the city of Eugene entered into an agreement under which Comcast would provide a city-wide upgrade of cable facilities. Comcast was required to obtain a number of construction permits. Subsequently, the city adopted new fee schedules that increased the cost of permits. Comcast paid the increased permit fees under protest until completing the project. Comcast later sued, asserting that the permit fee schedules had not been adopted in compliance with the municipal code. The city countered that Comcast’s challenge to the 2002 fee schedule was barred, because Comcast had failed to provide notice of those claims as required. Ultimately, the trial court granted summary judgment in the city’s favor, although it rejected the argument that Comcast’s claims respecting the 2002 fee schedule were barred for failure to adhere to notice requirements. The Court of Appeals determined that Comcast’s claims were not subject to the requirements.

10:30 a.m. State of Oregon v. Justin Clark Perry:
Defendant was charged with sexual molestation. The victim disclosed the abuse approximately 10 months after it commenced. Before trial, defendant filed a motion to exclude expert regarding delayed disclosure in child sexual abuse cases. The trial court conducted a hearing about the admissibility of the evidence, during which the state's expert witness testified concerning the phenomenon of delayed disclosure. Defendant objected that the testimony did not qualify as scientific evidence, that the evidence was not relevant, and that, on balance, the evidence was more prejudicial than probative. The trial court denied defendant's motion, the state’s expert witness was permitted to testify, and the jury convicted defendant on all counts.

Details about the cases and the attorneys who will appear before the court are available at: http://www.ojd.state.or.us/scdocket.

About the University of Oregon
The University of Oregon is a world-class teaching and research institution and Oregon's flagship public university. The UO is a member of the Association of American Universities (AAU), an organization made up of 62 of the leading public and private research institutions in the United States and Canada. Membership in the AAU is by invitation only. The University of Oregon is one of only two AAU members in the Pacific Northwest.

Contact: Credence Sol, 541-346-1665, csol@uoregon.edu

###