Yancy v. Shatzer

BALMER, J.,

specially concurring.

This case never presented a justiciable controversy because petitioner’s 30-day exclusion order had expired before he filed his petition for review in circuit court. For that reason, I agree with the majority that the circuit court judgment should be vacated and that the petition filed in the circuit court should be dismissed as moot.1 The majority, however, like the parties, has framed and decided a different and important issue: “whether Oregon courts have the power to consider disputes that, like the present one, are capable of repetition and yet evade…