Fed. Housing Fin. Agency v. Westland Liberty Vill., Llc ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
FEDERAL IHOUSÏNG FINANCE No. 83695
AGENCY, IN ITS CAPACITY AS
CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE
ASSOCIATION; AND FEDERAL
NATIONAL MORTGAGE
ASSOCIATION, OCT 1 7 2022
Appellants, A. BROWN
CLE 'UPREME COURT
VS.
WESTLAND LIBERTY VILLAGE, LLC, CLERK
A NEVADA LIMITED LIABILITY
COMPANY; AND WESTLAND
VILLAGE SQUARE, LLC, A NEVADA
LIMITED LIABILITY COMPANY,
Respondents.
ORDER DISMISSING APPEAL
This is an appeal from a district court order denying a motion
to dissolve a preliminary injunction. Eighth Judicial District Court, Clark
County; Mark R. Denton, Judge.
The district court issued a preliminary injunction in the
underlying dispute between Federal National Mortgage Association
(Fannie Mae) and Westland Liberty Village, LLC, and Westland Village
Square, LLC. Federal Housing :Finance Agency (FHFA), in its capacity as
conservator for Fannie Mae, moved to intervene in the matter. The district
court allowed F.H.FA to intervene, and FHFA, joined by Fannie Mae, moved
to dissolve the preliminary injunction, arguing that it violated 12 U.S.C. §
4617(f). The district court denied the motion to dissolve the preliminary
injunction., and FH.FA and Fannie Mae appeal that decision.
SUPREME COURT
OF
NEVADA
(01 1947A
2-2.-32-01
This court recently reversed the underlying preliminary
injunction in Federal National Mortgage Association v. Westland Liberty
Village, LLC, 138 Nev., Adv. Op. 57, P.3d (2022). Given that the
preliminary injunction was reversed during the pendency of this appeal,
this appeal, which challenges the district court's order denying FHFA's
motion to dissolve the preliminary injunction, is now moot. See Univ. &
Crnty. Coll. Sys. of Nev. v. Nevadans for Sound Gov't, 120 Nev. 712, 720, 100
P.3d 179, 186 (2004) (recognizing that In]ormally, a controversy must be
live through all stages of the proceeding" for judicial review and that a
matter may become moot through subsequent events); see also Personhood
Nev. v. Bristol, 126 Nev. 599, 245 P.3d 572(2010) (dismissing an appeal as
moot because this court could not grant effective relief). Accordingly, we
ORDER this appeal DISMISSED.'
Parraguirre
Aa.t J.
Hardesty Stiglich
, J. , J.
Pickering
ikr°12"2."Im'aa
Herndon
'4': J
'The Honorable Abbi Silver having retired, this matter was decided
by a six-justice court.
SUPREME COURT
OF
NEVADA
2
101 1947A
cc: Hon. Mark R. Denton, District Judge
Stephen E. Haberfeld, Settlement Judge
Snell & Wilmer, LLP/Las Vegas
Fennemore Craig P.C./Reno
Arnold & Porter Kaye Scholer LLP/Washington DC
Snell & Wilmer, LIT/Reno
Dickinson Wright PLLC
Cooper & :Kirk PLLC/Washington DC
Campbell & Williams
Law Offices of John Benedict
John W. Hofsaess
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(01 1947A 410.4D