Bd. of Cnty. Commissioners of Columbia Cnty. v. Rosenblum

Under ORS § 33.710 “[there] are no justiciability limitations on the exercise of judicial power in public actions or cases involving matters of public interest.” Couey v. Atkins, 357 Or. 460 (2015).

The Columbia County Board of Commissioners appealed the trial court’s judgment dismissing the parties’ validation proceeding petition. The Board filed a petition under ORS § 33.710 to determine whether a county ordinance was preempted by state and federal law. The ordinance, which sought to restrict state and federal gun regulations, was an amalgamation of two ballot initiatives approved by voters. The appealing parties assigned error to the trial court’s dismissal for lacking justiciability. On appeal, the Board argued that under Couey, “[there] are no justiciability limitations on the exercise of judicial power in public actions or cases involving matters of public interest.” Couey v. Atkins, 357 Or. 460, 521 (2015). The Court applied Couey, which established that “such justiciability doctrines as mootness and standing are not implicit in Article VII, section 1 [of the Oregon Constitution] – at least not in public action cases or those involving matters of public importance.” 357 Or. at 521 (2015). Additionally, the Court found that the “legislature intended for a validation process to be justiciable under the statutory scheme.” 324 Or. App. at 237. The Board followed the statutory scheme which ultimately raised a facial challenge, and thus the validation proceeding petition was justiciable. The Court held that the trial court erred by dismissing the case for lacking justiciability. Reversed and remanded.