Chapter 770 Oregon Laws 2007

AN ACT

HB 2324

Relating to courts.

Be It Enacted by the People of the State of Oregon:

SECTION 1. In any action in which a party alleges that an act, policy or practice of a public body, as defined in ORS 174.109, or of any officer, employee or agent of a public body, as defined in ORS 174.109, is unconstitutional or is otherwise contrary to law, the party may continue to prosecute the action and the court may issue a judgment on the validity of the challenged act, policy or practice even though the specific act, policy or practice giving rise to the action no longer has a practical effect on the party if the court determines that:

(1) The party had standing to commence the action;

(2) The act challenged by the party is capable of repetition, or the policy or practice challenged by the party continues in effect; and

(3) The challenged policy or practice, or similar acts, are likely to evade judicial review in the future.

Approved by the Governor July 16, 2007

Filed in the office of Secretary of State July 17, 2007

Effective date January 1, 2008

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