Court Of Appeals Affirms Moot Decision

The Oregon Court of Appeals issued a ruling today affirming a lower court decision that ruled a suit against Wasco County and members of the County Commission in how it handled a vote to issue notice of intent to withdraw from the North Central Public Health District was moot, but did direct the ruling be changed from a finding for the defendant to a judgement for dismissal.  Chip Wood’s lawsuit was filed in regard to the December 2014 vote not being on the County Commission’s meeting agenda in violation of the state’s Public Meetings Law.  Days after suit was filed in February 2015, the Commission placed the issue on its agenda and voted to rescind the December action.  In its opinion, the Court of Appeals stated the vote to rescind rendered the lawsuit moot, but the trial court erred in entering a judgement in the defendants’ favor, when the case should have been dismissed as moot.  The appeals court remanded the case back to the trial court with instructions to enter a judgment of dismissal.

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