McKnight v. Land Conservation & Development Commission

Petitioners seek a ruling under ORS 183.400 that respondent’s temporary rule OAR 660-14-000 is invalid. That rule became effective on July 20, 1983, and was replaced on December 30, 1983, by OAR 660-14-000 through 660-14-040, which are permanent rules. The rule petitioners attack is no longer in existence, and our decision would “merely resolve an abstract question without practical effect.” State ex rel Juv. Dept. v. Holland, 290 Or 765, 767, 625 P2d 1318 (1981). To the extent that the rule may affect petitioners’ rights in other cases, they may renew their attacks in those cases. This case,…