(DOWNLOAD) "Hay V. Oregon Department Of Transportation" by Supreme Court of Oregon * Book PDF Kindle ePub Free

August 29, 2021

eBook details

Title: Hay V. Oregon Department Of Transportation
Author : Supreme Court of Oregon
Release Date : January 20, 1986
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 72 KB

Description

This case arises from plaintiffs' challenge to the Department of Transportation's statutory authorization of the use of the beach in front of their Cannon Beach motel as a parking area. Three issues are presented: (1) Is our review of a Court of Appeals decision that upheld the validity of a rule rendered moot when an agency promulgated a new rule superseding the challenged rule? (2) May a circuit court determine the validity of a rule in the course of a civil action for nuisance and trespass when the claims arise from a state agency's actions pursuant to a rule? (3) If the circuit court may determine a rule's validity, was the rule at issue in fact valid, thereby justifying defendant agencies' motion for judgment on the pleadings?