Vogler v. State, Dept. of Agriculture ( 2014 )

 at issue turns on facts unique to the matter at hand, 1 and both the State
and Vogler raise no more than a theoretical possibility that the same
controversy will recur. 2 Murphy v. Hunt, 455 U.S. 478, 482 (1982); Sample
v. Johnson, 771 F.2d 1335, 1342-43 (9th Cir. 1985); Langston v. State,
Dep't of Motor Vehicles, 110 Nev. 342, 344, 871 P.2d 362, 363 (1994).
As we indicated in our February 5, 2014, order, the court
recognizes that the State has invested "significant time, money, resources
and effort" in this litigation. And Vogler, too, apparently wishes to have
this court hear the merits. But we cannot enlarge our jurisdiction "beyond
'Namely: Vogler's supposed protected interest in his terms of office;
the legislative intent behind Section 15.5; the Legislature's alleged
discriminatory targeting of Vogler with Section 15.5's enactment; the
presence or absence of a "compelling state interest" in enforcing Section
15.5; and an alleged flaw in the enacting bill's title rendering the section
void.
2 Contrary
to Vogler's assertions, whether or not Section 6 of Senate
Bill 251 remains in existence is irrelevant; the State demanded his
removal under Section 15.5. Section 6 was not in issue.
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the constitutional grant of power." State v. Warrnington, 81 Nev. 369, 371,
403 P.2d 849, 850 (1965).
We therefore ORDER this appeal DISMISSED. 3
C.J.
Gibbons
Hardesty
J. J.
Parra guirre Douglas
Saitta
3 We agree with the State that this dismissal does not render Vogler
a prevailing party for attorney fee purposes. See Chowdhry v. NLVH, Inc.,
109 Nev. 478, 485-86, 851 P.2d 459, 464 (1993); see also Nat'l Collegiate
Athletic Ass'n v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1981)
(noting that by dismissing a case for mootness the court is "refus[ing] to
determine questions presented ....").
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cc: Chief Judge, The Seventh Judicial District Court
Hon. Miriam Shearing, Senior Justice
Smith & Harmer
Attorney General/Carson City
White Pine County Clerk
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