Krisor v. Henry

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Standing
  • Date Filed: 04-03-2013
  • Case #: A146782
  • Judge(s)/Court Below: Schuman, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
  • Full Text Opinion

A case becomes moot when substantive remedy sought would no longer have a practical effect on the injured's rights.

The Lake County local newspaper advertised to readers that the Lake County Fair Board wanted to hire a maintenance technician. Plaintiff Charles Krisor applied for the position, but was not a finalist chosen for an interview. The Board appointed Haffner, another interviewee, during another meeting. More than 60 days after the Board announced their appointment of Haffner, Krisor commenced action alleging that the hiring was improper due to lack of public notice of the governing body’s meeting, and sought to have the hiring decision voided. The trial court granted summary judgment to the Board because the challenge commenced after the 60-day statute of limitations had run. Krisor's primary contention on appeal was that the Board never published the minutes from their meetings when Haffner was hired, and, therefore, the statute of limitations had not yet begun. The Court did not decide the statute of limitations issue because it agreed with the Board's cross-assignment of error that the case was moot because Krisor’s desired relief--voiding the hiring of Haffner--had already occurred by the time of the trial, so there was employment appointment to void. Appeal dismissed as moot.

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