Nevada Supreme Court
Personhood Nevada, a Ballot Advocacy Group; Richard Ziser; Olaf Vancura; and Kenneth Wilson, Individuals…
December 30, 2010126 Nev. 599
Summary
The court dismissed the appeal as moot because the proponents failed to submit enough signatures by the statutory deadline and the election had ended, leaving no effective relief available from the injunction. It rejected the argument that the capable-of-repetition-yet-evading-review exception applied because future litigation would be speculative and the issue was not shown to be sufficiently widespread or likely to evade review. The court also held that, when appellate review becomes moot through no fault of the appellant, the lower court's determination has no preclusive effect in later litigation. No separate opinions were filed.