Housing Authority of Jackson County v. City of Medford

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 10-01-2014
  • Case #: A151710
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Nakamoto, J.; & Egan, J.
  • Full Text Opinion

A petition, the resolution of which would not have a practical effect on either party to it, must be dismissed for being not being justiciable, and therefore moot.

The City of Medford challenged a Land Use Board of Appeals ruling that they could not construct a complex for multifamily housing in the downtown area of their city despite the fact that a settlement was agreed to between the parties. The Housing Authority of Jackson County sought to construct the complex, but their application was denied by the city council due to citizen outcry. The city made later arrangements that involved allowing some of the units to be built if the housing authority conveyed some land to the city for a park. The city filed a complaint saying that the mayor was not in attendance at the city council meeting which invalidated the Housing Authority’s claim against them. The Court held that this case did not present a justiciable controversy because its resolution would no longer have a practical effect on the parties due to their preexisting agreement to settle the matter. A very minor, potential threat to the reputation of the mayor of Medford does not represent a practical harm for his nonattendance of the city council meeting. Dismissed as moot.

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