Houston v. Brown

The majority opinion dismisses this case as moot. For the reasons that follow, I respectfully disagree and would affirm the trial court.

In Brumnett v. PSRB, 315 Or 402,405,848 P2d 1194 (1993), the Supreme Court stated that “[determining mootness is one part of the broader question of whether a justiciable controversy exist[s.]” In order for a matter to be a justiciable controversy, a decision in the matter has to “have some practical effect on the rights of the parties to the controversy.” Id.; see also Corey v. DLCD, 344 Or 457, 464, 184 P3d 1109 (2008) (“If it becomes clear in the course of…