Rogue Advocates v. Board of Commissioners of Jackson County

Summary

The Oregon Supreme Court dismissed as moot a petition for review concerning whether a circuit court had jurisdiction to enforce local land use ordinances while the Land Use Board of Appeals had, or could have, jurisdiction to review related land use decisions. The court held that Mountain View Paving’s cessation of asphalt plant operations eliminated any practical effect of a decision and declined to exercise discretionary authority to decide the moot case. Justice Walters concurred, explaining that circuit courts retain enforcement jurisdiction under ORS 197.825(3), subject to limitations including primary jurisdiction and deference to local and LUBA interpretations.

Holdings

1. The case was moot and nonjusticiable because Mountain View Paving had ceased operating the asphalt batch plant, stated that it had no intention of resuming the operation, and did not claim a legal right to resume it.
2. The court declined to exercise its discretionary authority to decide the moot case under ORS 14.175 because the likelihood that a similar circuit-court jurisdiction ruling would evade review was not sufficiently great.

Questions Presented

1. Whether the petition for review remained justiciable after Mountain View Paving ceased the challenged asphalt-batching operation and stated that it did not intend to resume it.
2. Whether the court should exercise discretionary authority under ORS 14.175 to decide an otherwise moot public-interest case involving conduct capable of repetition yet likely to evade review.

Disposition

dismissed