Hill v. City of Portland

"'Ripeness' refers to 'an aspect of the doctrine of justiciability, speficially, the requirement that there be an actual, as opposedto hypothetical, injury to the individiual invoking the judicial power.'" Beck v. City of Portland, 202 Or App 360, 366, 122 P3d 131 (2005).

Plaintiff appealed the circuit's court determination that it lacked jurisdiction to hear a writ of review of a “final decision” from the Public Works Appeals Board. The trial court determined the matter was not ripe for review because the early assistance process is not one that is designed to be a final determination of what restrictions are going to be imposed. On appeal, Plaintiff argued that his matter is ripe and that he had suffered an injury. "'Ripeness' refers to 'an aspect of the doctrine of justiciability, speficially, the requirement that there be an actual, as opposedto hypothetical, injury to the individiual invoking the judicial power.'" Beck v. City of Portland, 202 Or App 360, 366, 122 P3d 131 (2005). The Court held that the circuit court did not err because the Early Assistance Appointment Response did not impose “requirements” but was simply a response to Plaintiff's questions and identified potential problems that would likely be imposed on a hypothetical land division. Affirmed.