First Commerce of America, Inc. v. Nimbus Center Associates

Defendants Nimbus Center Associates, George H. Killian, and Joseph W. Angel (Nimbus) petitioned for review of a Court of Appeals’ decision that dismissed their appeal as moot. First Commerce of America v. Nimbus Center Assoc., 153 Or App 561, 958 P2d 850 (1998). After this court denied review, Nimbus petitioned for reconsideration. Although we agree with the Court of Appeals that, given the procedural posture of this case, Nimbus’s claims are moot, the proper remedy for disposing of the claims is to vacate the judgment and to dismiss the claims as moot. Accordingly, we allow the petition for…