- Court: Oregon Court of Appeals
- Area(s) of Law: Appellate Procedure
- Date Filed: 12-06-2017
- Case #: A158118
- Judge(s)/Court Below: Ortega, P.J. for the Court; Lagesen, J.; & Garrett, J.
- Full Text Opinion
Plaintiff appealed a declaratory judgment that held HB 3460 (2013) and SB 1531 (2014) “do not preempt city of county authority to prohibit ORS 475.314 medical marijuana facilities (commonly known as dispensaries).” On appeal, Plaintiff argued that the city is authorized to not grant business licenses to dispensaries because they do not comply with the federal laws that preempt the state’s authority to allow dispensaries. In response, the State argued that federal laws do not supersede the state’s authority to prohibit local government from banning dispensaries that are approved by state law. An appeal is moot when a decision “will no longer have a practical effect on the rights or obligations of a party.” State v. Walraven, 282 Or App 649, 654, 385 P3d 1178 (2016). The Court of Appeals found the issue on appeal to be moot because the declaratory relief sought by Intervenors would not have a “concrete effect.” The Court further held that, even if the issue were not moot, it is nonetheless not ripe because the intervenors failed to present a justiciable controversy. Appeal and cross-appeal dismissed.