Nev. Gold Mines, Llc Vs. Leg. Of The State Of Nev. ( 2021 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
NEVADA GOLD MINES, LLC, A No. 82561
DELAWARE LIMITED LIABLITY
COMPANY; LANDER COUNTY, A
POLITICAL SUBDIVISION OF THE
STATE OF NEVADA; PERSHING
COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF NEVADA; WHITE
PINE COUNTY, A POLITICAL
FILED
SUBDIVISION OF THE STATE OF AUG 2 7 2021
NEVADA; ELKO COUNTY, A ELIZABETH A. BROWN
POLITICAL SUBDIVISION OF THE CLERK UPREPAE COURT
BY
STATE OF NEVADA, EX REL. ELKO CLERK
COUNTY BOARD OF
COMMISSIONERS,
Appellants,
vs.
THE LEGISLATURE OF THE STATE
OF NEVADA; THE STATE OF
NEVADA; AND BARBARA K.
CEGAVSKE, IN HER OFFICIAL
CAPACITY AS SECRETARY OF STATE
OF THE STATE OF NEVADA,
Res • ondents.
ORDER DISMISSING APPEAL
Appellants Lander County, Pershing County, White Pine
County, and Elko County ex rel. Elko County Board of Commissioners (the
County appellants) have filed a rnotion to voluntarily dismiss their appeal,
informing this court that occurrences since the filing of the notice of appeal
have rendered their appeal moot. The County appellants also argue in their
motion that this court should vacate the order challenged on appeal.
Appellant Nevada Gold Mines, LLC joins in the motion. Respondents do
not oppose the motion to dismiss the appeal, but argue that vacatur is not
SUPREME COURT
OF
NEVADA
101 1947A 40.egrs
I -421-19 7 0
appropriate. The County appellants have filed a reply, in which Nevada
Gold Mines joins.
As it appears that this appeal has been rendered moot, the
County appellants motion to dismiss this appeal is granted. This appeal is
dismissed.
The County appellants argue that the lower court's order
challenged on appeal should be vacated pursuant to United States v.
Munsingwear, Inc., 340 U.S. 36, 39-40 (1950), so they are not "deprived of
their appellate rights and subjected to the preclusive effect of the judgment
that they sought to challenge." In determining that vacatur is not
necessary, this court has concluded that when an appeal is dismissed as
moot by no fault of appellant, the lower court's determination of an issue in
the matter will have no preclusive effect in future litigation. Personhood
Nev. v. Bristol, 126 Nev. 599, 604-06, 245 P.3d 572, 575-76 (2010).
Accordingly, the County appellants' request that this court vacate the lower
court's order challenged on appeal is denied.
It is so ORDERED.1
; 446)te.516
/ 1
Parraguirre
A14L.0
Stiglich Silver
1The clerk of this court shall amend the caption on this court's docket
to conform with the caption on this order.
2
cc: Hon. James E. Wilson, District Judge
Marquis Aurbach Coffing
Pisanelli Bice, PLLC
Elko County District Attorney
Attorney General/Carson City
Attorney General/Las Vegas
Legislative Counsel Bureau Legal Division
Carson City Clerk
SUPREME COURT
OF
NEVADA
o( )1 I447A