The State of Oregon has officially disavowed its sacred 166-year-old compact with schoolchildren. In a formal court filing, it argued it "does not owe Plaintiffs the duties alleged" regarding the Common School Fund. This is a betrayal that jeopardizes billions in school funding.
This landmark case now moves to the merits. We are seeking a premier trial and appellate team to finish the job.
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This is not a theoretical lawsuit. We have successfully navigated the procedural gauntlet. The preliminary legal battles have been won. The remaining fight is on pure trust law, constitutional interpretation, and remedies—the part where top-flight counsel becomes decisive.
Key Judicial Rulings:
Standing is Established: The court affirmed standing for school districts, students, and parents to proceed (March 6, 2025 Letter Opinion, p. 4-5).
Case is Viable: The court denied the State's motion to dismiss claims related to 2024 breaches of trust (March 6, 2025 Letter Opinion, p. 3-4).
Authority to Sue Affirmed: The court rejected the State's argument that only the Attorney General can bring these claims (September 5, 2025 Letter Opinion, p. 1-2).
Immunity Arguments Denied: The court has denied the State's arguments for sovereign and discretionary immunity on the core claims (September 5, 2025 Letter Opinion, p. 3).
At statehood, Oregon accepted 3.8 million acres in a binding, irrevocable trust for the exclusive benefit of public schools (First Amended Complaint, p. 4). The Constitution and Admissions Act impose a clear fiduciary duty. (First Amended Complaint, ¶26).
Breach of Prudence: The trust is now operating at a net loss (First Amended Complaint, ¶23). Mismanagement of the Elliott State Forest and other lands has cost the Common School Fund over $1 billion (Case for Support, p. 1-3).
Breach of Loyalty: The State Land Board has prioritized political agendas over its sole duty to schoolchildren, transferring trust land without fair appraisals (First Amended Complaint, ¶22) and approving budgets that knowingly produce negative revenue (First Amended Complaint, ¶23).
"In its formal Answer filed October 24, 2025, the State explicitly argued it 'does not owe Plaintiffs the duties alleged'. This denies the very existence of an enforceable trust and is the central crisis that must be litigated."
This case is rare, consequential, and career-defining. It sits at the intersection of constitutional, trust, and administrative law. We are seeking attorneys with a proven record in:
Constitutional and trust litigation
High-stakes public law and fiduciary claims
Appellate briefing at the Oregon Supreme Court level
Complex injunctions and remedies
Lead Counsel
Co-Counsel
Appellate Specialist
Subject-Matter Expert (Trust Law, Fiduciary Accounting)
Expert-Led Advocates: OASTL and the national ASTL are 501(c)(3) organizations led by national experts in school trust law.
Directly Harmed Beneficiaries: Siuslaw School District 97J, Powers School District #31, and Oakland School District are direct financial beneficiaries being actively harmed by this breach.
Current & Future Generations: Parents and Students who represent the generations of Oregon children whose educational birthright has been depleted.
We have compiled the complete case file for your review.
[BUTTON] The "Smoking Gun": State's "No Duty" Defense (Oct 2025)
Summary: The State's formal Answer explicitly denying all fiduciary duties.
[BUTTON] Court Order Denying State's MTD (Sept 2025)
Summary: Judge Combs's opinion affirming plaintiffs' authority to sue and denying the State's immunity arguments.
[BUTTON] Court Order Affirming Plaintiff Standing (Mar 2025)
Summary: The court's initial opinion affirming standing for schools and students and allowing 2024 claims to proceed.
[BUTTON] The First Amended Complaint (Apr 2025)
Summary: The full complaint detailing the breaches of fiduciary duty, constitutional claims, and plaintiffs.
[BUTTON] The Full Case: Oregon's Constitutional Duties to Schools
Summary: A comprehensive background book on the legal and historical foundation of the Common School Fund.
What is the current posture?
The State's motions to dismiss have been largely denied. The case is moving past procedure and onto the merits of the constitutional trust law claims.
Has the court ruled on standing?
Yes. On March 6, 2025, the court affirmed standing for school districts, students, and parents.
Is sovereign immunity still an issue?
No for the 2024 claims. The court has denied the State's motions to dismiss on these grounds for the core claims moving forward.
What relief is being sought?
Declaratory judgment, restitution for the $1B+ in losses, voiding improper transfers, a full accounting, and injunctive relief to enforce the trust's duties.
We are actively recruiting premier attorneys to lead this landmark case and are holding individual confidential discussions at the convenience of prospective counsel.
Dr. Dave Sullivan
President, Oregon Advocates for School Trust Lands (OASTL)
Email: drdavesullivan@gmail.com
Phone: 541-791-6470