Rest-Haven Memorial Park v. City of Eugene

Petitioners Rest-Haven Memorial Park and Charles Wiper III, applied to the City of Eugene for a tree-cutting permit. The city approved a 12-month permit subject to conditions. Petitioners appealed the city’s decision to the Land Use Board of Appeals (LUBA), challenging those conditions. In the meantime, however, the 12-month permit expired. Because of the expiration of the permit, the city moved to dismiss the appeal as moot. LUBA granted the city’s motion. Petitioners now seek judicial review, arguing that their appeal to LUBA is not moot or, in the alternative, that the rule that imposes…