FILED: August 6, 2008

IN THE COURT OF APPEALS OF THE STATE OF OREGON

VIRGINIA COREY;
BERGIS ROAD, LLC;
and BERNITA JOHNSTON,

Petitioners,

v.

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT,

Respondent.

Agency No. M119478
A129905

On remand from the Oregon Supreme Court, Corey v. DLCD, 344 Or 457, 184 P3d 1109 (2008).

Submitted on remand June 23, 2008.

On respondent's motion to determine jurisdiction filed April 10, 2006.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Senior Assistant Attorney General, for motion.

Before Wollheim, Presiding Judge, and Schuman, Judge, and Rosenblum, Judge.

PER CURIAM

Judicial review dismissed as moot.

PER CURIAM

The Department of Land Conservation and Development (DLCD) issued an order waiving enforcement of certain land use regulations as to petitioners' property. Former ORS 197.352(1) (Ballot Measure 37 (2004)), amended by Or Laws 2007, ch 424, § 4 (Ballot Measure 49 (2007)), renumbered as ORS 195.305. Petitioners sought judicial review of DLCD's order in this court. Petitioners also sought judicial review of the order in the circuit court. DLCD filed a motion in this court for summary determination of which court had jurisdiction to review the order. We determined that this court had jurisdiction of the matter. Corey v. DLCD, 210 Or App 542, 152 P3d 933, adh'd to on recons, 212 Or App 536, 159 P3d 327 (2007). DLCD then petitioned for review of the jurisdictional issue. The Supreme Court allowed review. Corey v. DLCD, 343 Or 363 (2007).

On review, the Supreme Court determined that the passage of Ballot Measure 49 had rendered the controversy moot. The court dismissed the petition for review but denied DLCD's motion to vacate this court's decision regarding jurisdiction. Corey v. DLCD, 344 Or 457, 184 P3d 1109 (2008).

It remains for this court to dispose of the judicial review itself. In light of the Supreme Court's determination regarding mootness, we dismiss the judicial review as moot.

Judicial review dismissed as moot.


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