BISHOP v. KC DEVELOPMENT GROUP, LLC

A166238.

453 P.3d 613 (2019)

300 Or.App. 584

Thomas BISHOP and Dorbina Bishop, Trustees of the Bishop Family Trust, Plaintiffs-Appellants, v. KC DEVELOPMENT GROUP, LLC, an Oregon limited liability company; Eric Cadwell and Brianna Cadwell, individually and as Trustees of the Cadwell Family Trust; Carlton Cadwell, an individual; Lynda Cadwell, an individual; Harris Kimble, an individual; Nancy Kimble, an individual; Tumalo Irrigation District, an irrigation district organized under the laws of the State of Oregon; and Deschutes County, a municipal corporation organized under the laws of the State of Oregon, Defendants-Respondents.

Court of Appeals of Oregon.

November 20, 2019.


Attorney(s) appearing for the Case

Jennifer M. Bragar argued the cause for appellants. Also on the briefs were Tomasi Salyer Martin ; and Megan K. Burgess and Peterkin & Associates.

Sara Kobak , Portland, argued the cause for respondents. Also on the joint briefs were Elizabeth Howard and Schwabe, Williamson & Wyatt, P.C.; and Adam Smith and John E. Laherty .

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


Plaintiffs appeal the trial court's dismissal of their complaint to enforce Deschutes County land use ordinances. The trial court determined that it lacked subject matter jurisdiction over the complaint and dismissed it. Defendants now contend that we should dismiss plaintiffs' appeal, because subsequent events have rendered it moot...

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