State of Oregon v. Maybee

The state of Oregon sought to enjoin the owner of a retail business operated on Seneca Nation tribal lands in New York state from selling certain types of cigarettes to consumers in Oregon via internet websites.  The state argued that the owner had failed to comply with an Oregon law prohibiting the in-state sale of certain cigarette brands.  Upon appeal, the Court affirmed the trial court's order of summary judgment for the state.  The Court held that the state court possessed subject matter jurisdiction, finding that the nature of the owner's business dealings with consumers in Oregon stretched beyond the borders of the Seneca tribal territory and into the state.  The Court further held that the statute applied to the defendant's activities and that the statute did not violate the federal constitution's commerce clause.


State of Oregon, et al. v. Maybee, 232 P.3d 970, Court of Appeals of the State of Oregon (2010).

  • United States
  • May 12, 2010
  • Court of Appeals of the State of Oregon



  • Hardy Myers, Attorney General for the State of Oregon
  • State of Oregon

Defendant Scott Maybee, dba, dba, dba

Legislation Cited

Oregon State Complementary Act, ORS 180.400 to 180.455

Oregon State Qualifying Escrow Act, ORS 323.800 to 323.806

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product