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CITY OF CAVE JUNCTION v. STATE

A158118.

410 P.3d 306 (2017)

289 Or. App. 216

CITY OF CAVE JUNCTION, an Oregon Municipal Corporation, Plaintiff-Appellant Cross-Respondent, v. STATE of Oregon; Oregon Health Authority; and The Honorable Kate Brown, Governor of the State of Oregon, Defendants-Respondents Cross-Appellants, and Susan Hayes, Defendant-Respondent, and Association of Oregon Counties and League of Oregon Cities, Intervenors-Respondents Cross-Respondents.

Court of Appeals of Oregon.

December 6, 2017.

Attorney(s) appearing for the Case

J. Ryan Kirchoff , Grants Pass, argued the cause for appellant-cross-respondent. With him on the opening brief was James Holmbeck Kirchoff, LLC. With him on the supplemental brief was Kirchoff Law Offices, LLC.

Peenesh H. Shah , Assistant Attorney General, argued the cause for respondents-cross-appellants. With him on the answering and cross-opening brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General. With him on the cross-reply and supplemental briefs were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

Rob Bovett and Sean E. O'Day argued the cause and filed the joint supplemental brief for respondents-cross-respondents. With them on the joint answering and cross-answering brief was Katherine Thomas.

No appearance for respondent Susan Hayes.

Before Ortega, Presiding Judge, and Lagesen, Judge, and Garrett, Judge.

As we explain, state and local changes in law and policy regarding Oregon's evolving legal marijuana industry have overtaken this declaratory judgment appeal and cross-appeal, such that they no longer present a justiciable controversy. We therefore dismiss both.

The City of Cave Junction filed this declaratory judgment action...

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