Today, the Oregon Court of Appeals filed its opinion in Wood v. Wasco County, directing the Wasco County Circuit Court to enter a Judgment of Dismissal of John “Chip” Wood’s lawsuit against Wasco County. A copy of the full text of the opinion is attached to this release.

Timmons Law PC is pleased that the Oregon Court of Appeals agrees with the Wasco County Circuit Court’s decision that Chip Wood’s suit against Wasco County is moot. The Court of Appeals explained, “after Wasco County rescinded the challenged decision, the case was moot and that there is nothing about this case that suggests a similar decision by the county would evade review or terminate before it could be fully adjudicated.”

In late 2014, the Board of Commissioners made a decision during a public meeting to withdraw from the North Central Public Health District. Mr. Wood questioned the BOC’s procedure, and claimed that the BOC did not provide proper notice of the agenda item.

Timmons Law became Wasco County Counsel on January 1, 2015. Soon after, out of an abundance of precaution, we advised the BOC to re-notice the meeting and reconsider the decision. The County provided a new meeting notice, and the BOC held a new hearing on the issue. Ultimately, the BOC decided to rescind its prior decision to withdraw from the NCPHD. According to Bradley Timmons, “the County’s rescission of its prior decision should have been the end of Mr. Wood’s complaint.”

Mr. Wood refused to drop his claim, and Timmons Law filed a Motion to Dismiss Mr. Wood’s law suit against the County for the reason that the claim was moot. In other words, because the County rescinded its decision, there was nothing left for the courts to do. The trial court and the Court of Appeals both agreed with the County.

The Court of Appeals explained its decision by stating, “[i]n short, once the board rescinded its decision to give notice of intent to withdraw from NCPHD, the only nonspeculative relief requested by plaintiff that was based on present facts had been rendered moot.”

The Court of Appeals disagreed with the form of the lower court’s Judgment, and ordered that the trial court enter a new Judgment of Dismissal.

Attorney Kristen A. Campbell of Timmons Law argued the case in the Court of Appeals on behalf of Wasco County. Ms. Campbell states, “we are pleased this litigation appears to be concluded, and the County will not have to spend additional taxpayer money defending against Mr. Wood’s moot claim.”