Howell v. Heim , 118 N.M. 500 ( 1994 )

FRANCHINI, Justice

(dissenting).

I respectfully dissent. The questions before this Court are moot because no budgetary shortfall ever actually existed and Regulation 346 has been superseded by a different regulation. There is no evidence in this record that the projected budgetary “crisis” precipitating the HSD’s action will again arise in the foreseeable future and no evidence whatsoever that judicial review would be evaded if a crisis did in fact exist. The case should be dismissed as moot under Mowrer v. Rusk, 95 N.M. 48, 51, 618 P.2d 886, 889 (1980).