Legal Opinion · Dissent

State v. Corcilius

Court of Appeals of Oregon

Decided September 12, 2018No. A160771Published

1DissentHadlock, J.

In my view, the statutory term "any *** other refuse"-as used in ORS 164.805(1) -is *176broad enough to encompass urine, whether from a human or another animal. I also view the term "deposit"-as used in the same statute-as broad enough to encompass the act of urination. Accordingly, I disagree with the majority's holding that the acts prohibited by ORS 164.805(1) do not include the act of public urination. I respectfully dissent.

As accurately described by the majority, the pertinent facts in this case are few. Defendant urinated on the side of a building, causing a stench. He was cited for…

2Cases cited6 opinions

  1. State v. CloutierOregon Supreme Court · 2011
  2. Totten v. New York Life InsuranceOregon Supreme Court · 1985
  3. State v. Gonzalez-ValenzuelaOregon Supreme Court · 2015
  4. State v. KurtzOregon Supreme Court · 2011
  5. Oregon State Denturist Ass'n v. Board of DentistryCourt of Appeals of Oregon · 2001

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