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Wallace v. State

Summarized by: 

Date Filed: 04-04-2012
Case #: A144617
Sercombe, J. for the Court; Ortega, P.J.; and Brewer, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A144617.pdf

Administrative Law: While otherwise justiciable, a case before an Appellate Court is moot if the relief to be granted by a finding of error has already been obtained.

Wallace seeks review of a final order of the Public Employees Retirement Board (Board) that granted summary determination in favor of the Public Employees Retirement System (PERS). Wallace participated in the Oregon Savings Growth Plan and was subject to restrictions on his trade activity at the discretion of the compensation manager. Upon Wallace’s request, the director reviewed and then affirmed the manager’s imposition of restrictions. While a contested case hearing to review of the director's determination was pending, the Board imposed trade restrictions on all participants, removing individual restrictions. The Board granted PERS' motion and dismissed Wallace’s request, finding it moot because a determination regarding the individual restrictions would have no practical effect since such restrictions no longer existed. Wallace appealed and the Court of Appeals also dismissed as moot, making the same finding as the Board. Petition for judicial review dismissed as moot.