Northwestern Title Loans, LLC v. Division of Finance & Corporate Securities

The majority has determined that this court has inherent power to stay enforcement of the Division’s rule pending disposition of a rule challenge under ORS 183.400, but has declined to do so under the circumstances of this case. I concur that the stay should be denied but for the reason that the court lacks either statutory or inherent power to grant it.

The majority correctly states that, as a general rule, courts have “inherent power to grant a stay of proceedings pending an appeal even where there is no statute entitling a party to such a stay.” Helms Groover & Dubber Co. v. Copenhagen, 93…