Hay v. Oregon Department of Transportation

This case arises from plaintiffs’ challenge to the Department of Transportation’s statutory authorization of the use of the beach in front of their Cannon Beach motel as a parking area. Three issues are presented: (1) Is our review of a Court of Appeals decision that upheld the validity of a rule rendered moot when an agency promulgated a new rule superseding the challenged rule? (2) May a circuit court determine the validity of a rule in the course of a civil action for nuisance and trespass when the claims arise from a state agency’s actions pursuant to a rule? (3) If the circuit court may…