Opinion
82561
08-27-2021
NEVADA GOLD MINES, LLC, A 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 SUBDIVISION OF THE STATE OF NEVADA; ELKO COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF NEVADA, EX REL. ELKO COUNTY BOARD OF COMMISSIONERS, Appellants, v. 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, Respondents.
Marquis Aurbach Coffmg Pisanelli Bice, PLLC Elko County District Attorney Attorney General/Carson City Attorney General/Las Vegas
UNPUBLISHED OPINION
Marquis Aurbach Coffmg Pisanelli Bice, PLLC Elko County District Attorney Attorney General/Carson City Attorney General/Las Vegas
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 motion 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 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.
The clerk of this court shall amend the caption on this court's docket to conform with the caption on this order.
Parraguirre, Stiglich, Silver Judges
Hon. James E. Wilson, District Judge