Bishop v. KC Development Group, LLC

“Whether a case is moot depends on whether a justiciable controversy exists." Brumnett v. PSRB, 315 Or 402, 405, 848 P2d 1194 (1993). "In a declaratory judgment action like the present one, a justiciable controversy ‘must involve a dispute based on present facts rather than on contingent or hypothetical events.’" TVKO v. Howland, 335 Or 527, 534, 73 P3d 905 (2003).

Plaintiffs appealed from the trial court’s dismissal of their complaint to enforce Deschutes County land use ordinances. Plaintiffs assigned error to the trial court's decision to dismiss their complaint due to lack of subject matter jurisdiction. On appeal, Plaintiffs argued that their appeal was not moot because the county was not authorized to retroactively approve the construction of the lakes, and also was not authorized to do so after they filed their enforcement action. In response, Defendants argued that the complaint should be dismissed because "subsequent events have rendered it moot." “Whether a case is moot depends on whether a justiciable controversy exists." Brumnett v. PSRB, 315 Or 402, 405, 848 P2d 1194 (1993). "In a declaratory judgment action like the present one, a justiciable controversy ‘must involve a dispute based on present facts rather than on contingent or hypothetical events.’" TVKO v. Howland, 335 Or 527, 534, 73 P3d 905 (2003). The Court held that Plaintiffs' case was moot because Plaintiffs’ complaint for declaratory and injunctive relief is premised on Defendants not having required land use approvals for the construction. Defendants, however, have since obtained all necessary approvals from the county for the construction, and those approvals are final and not subject to further challenge. 

Appeal dismissed.