Legal Opinion

City of Cave Junction v. State

Court of Appeals of Oregon

Decided December 6, 2017No. A158118PublishedCited by 2 opinions

1Opinion of the CourtLagesen, J.

*307As we explain, state and local changes in law and policy regarding Oregon's evolving legal marijuana industry have overtaken this declaratory judgment appeal and cross-appeal, such that they no longer present a justiciable controversy. We therefore dismiss both.

The City of Cave Junction filed this declaratory judgment action to resolve a perceived conflict between the city's then-current business licensing requirements and the Oregon Medical Marijuana Act (OMMA). The city's municipal code generally requires businesses operating in the city to obtain a license and further requires licensees to…

2Cases cited5 opinions

  1. Couey v. AtkinsOregon Supreme Court · 2015
  2. United States v. Steve McIntoshCourt of Appeals for the Ninth Circuit · 2016
  3. Barcik v. KubiaczykOregon Supreme Court · 1995
  4. Reid v. Department of Consumer & Business ServicesCourt of Appeals of Oregon · 2010
  5. State v. WalravenCourt of Appeals of Oregon · 2016

3Cited by2 opinions

  1. Kragt v. Board of ParoleCourt of Appeals of Oregon · 2023
  2. Northwest and Intermountain Power Producers v. PGECourt of Appeals of Oregon · 2020

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