Whether the matter in controversy is one of great public interest and involves the authority and power of public officials is the test this court has historically employed in resolving mootness issues. See North Dakota Wheat Growers' Ass'n v. Moore, 52 N.D. 904, 204 N.W. 834 Syllabus 2 (1925); State v. Stutsman, 24 N.D. 68, 139 N.W. 83 Syllabus 1 (1912). We adapted as an alternate test the United States Supreme Court's doctrine of “capable of repetition, yet evading review” in Forum Publishing Co. v. City of Fargo, 391 N.W.2d 169, 170 (N.D.1986).
Although Matter of Prettyman, 410 N.W.2d 533, 536 (N.D. 1987), might indicate that the factors of "great public interest," "authority and power of public officials," and "capable of repetition, yet evading review" must each be established before we will deem an appeal not moot, these factors are components of two separate tests for determing whether we will treat a case as moot. Whether the matter in controversy is one of great public interest and involves the authority and power of public officials is the test this court has historically employed in resolving mootness issues. See North Dakota Wheat Growers' Ass'n v. Moore, 52 N.D. 904, 204 N.W. 834 Syllabus 2 (1925); State v. Stutsman, 24 N.D. 68, 139 N.W. 83 Syllabus 1 (1912). We adopted as an alternate test the United States Supreme Court's doctrine of "capable of repetition, yet evading review" in Forum Publishing Co. v. City of Fargo, 391 N.W.2d 169, 170 (N.D. 1986).
'" In North Dakota Wheat Growers' Ass'n v. Moore, 52 N.D. 904, 204 N.W. 834 (1925), we stated that if the matter in controversy appears to be one of great public interest and involves the authority and power of public officials, the appeal will not be dismissed as moot. The United States Supreme Court has said that a case is not moot if the controversy is "capable of repetition, yet evading review."
[Citations omitted.] North Dakota Wheat Growers' Ass'n v. Moore, 52 N.D. 904, 204 N.W. 834, 835. We do therefore quash the writ of certiorari previously issued by this court and terminate the accompanying injunction.
"The judicial power vested in the courts of North Dakota, extends only to the determination of actual controversies properly before the court, and does not authorize a court to act in an advisory capacity and to give its opinion on moot questions or abstract propositions." See also Borchard Declaratory Judgments, Second Edition, p. 81; State ex rel. Anderson v. Sieg, 63 N.D. 724, 249 N.W. 714; North Dakota Wheat Growers Association v. Moore, 52 N.D. 904, 204 N.W. 834; Schwarz v. Thoreson, 70 N.D. 552, 296 N.W. 420; Langer v. State, 69 N.D. 129, 284 N.W. 238; Ginakes v. Johnson, 75 N.D. 164, 26 N.W.2d 368; Asbury Hospital v. Cass County, 72 N.D. 359, 7 N.W.2d 438; Brace v. Steele County, 77 N.D. 276, 42 N.W.2d 672. Since it is not within our power to render advisory opinions we cannot consider any of the questions raised on this appeal, or the appropriateness of the selected remedy.
In O'Laughlin v. Carlson, 30 N.D. 213, 152 N.W. 675, it was held that the constitutionality of a statute relating to the elections and terms of County Commissioners should be determined, even though the controversy had become moot; a like holding appears in State ex rel. Dakota Trust Co. v. Stutsman, 24 N.D. 68, 139 N.W. 83, with reference to the power and authority of the R. R. Commissioners to regulate public utilities such as public warehouses. But a decision on the merits was denied in State ex rel. Anderson v. Sieg, 63 N.D. 724, 249 N.W. 714, on a question relating to whether or not a statute relating to the recall of city officials was repealed, and in North Dakota Wheat Growers' Ass'n v. Moore, 52 N.D. 904, 204 N.W. 834, on matters relating to the internal affairs of a private corporation; and in Dakota Coal Company v. Fraser, 8 Cir., 267 F. 130, a review was denied even though the controversy related to the rights of the State Adjutant General to seize private property, where it was argued a decision would act as a guide in like controversies. In State ex rel. Freeling v. Lyon, 63 Okla. 285, 165 P. 419, 420, the following statement is made: "We understand `public interest' to mean more than mere curiosity; it means something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as the interest of the particular localities which may be affected by the matter in question."
Where, however, the matter in controversy appears to be one of great public interest and involves the authority and power of public officials, the appeal will not be ignored as a moot question. State ex rel. Dakota Trust Co. v. Stutsman, 24 N.D. 68, 139 N.W. 83, Ann. Cas. 1914D, 771; North Dakota Wheat Growers Asso. v. Moore, 52 N.D. 904, 204 N.W. 834. H.A. Hanson and Gordon Hanson, for respondents.
We do not say that under no circumstances will this court determine a moot question. North Dakota Wheat Growers' Asso. v. Moore, 52 N.D. 905, 204 N.W. 834, we set forth under what circumstances a moot question may be determined. We do not consider that this case comes within any of the classes mentioned therein.