Sears v. City of Cannon Beach

An action subsequent to adoption of a challenged decision that supplants, revokes, or rescinds the decision may render an appeal to LUBA moot (e.g., an appeal may be moot if the local government withdraws the decision challenged in the appeal).

Due to the brevity of this final opinion and order on the city’s motion to dismiss it has been reproduced here in full:

“The challenged decision is the city’s decision approving a patio. On July 24, 2015, the city withdrew the decision challenged in this appeal for reconsideration pursuant to ORS 197.830(13)(b) and OAR 661-010-0021. On October 12, 2015, the city filed a motion to dismiss the appeal. According to the city, after the city withdrew the challenged decision for reconsideration, the city revoked the approval granted by the challenged decision and intervenor-respondent filed a new application. Accordingly, the city argues, the appeal is moot, and LUBA should dismiss it.

Petitioner has not responded to the city’s motion to dismiss. We agree with the city that LUBA’s review of the challenged decision would have no practical effect, and the appeal is moot. Heiller v. Josephine County, 25 Or LUBA 555, 556 (1993) (an appeal to LUBA may be moot where some action subsequent to adoption of the challenged decision supplants, revokes or rescinds the decision).

The appeal is dismissed.” __ Or LUBA ___ (LUBA No. 2015-050, November 23, 2015). DISMISSED.