Richard J. Dolan represented the Plaintiffs, and Tommy H. Butler represented the Defendants. This case began in July 1999 when Plaintiffs filed this declaratory judgment action. SPJV proposes to operate a gold mine near Lincoln, Montana. A hearing is being provided to SPJV in September 2000 to allow them to contest the cancellation of the leases. Via a status report, Defendants seek to have the Court dismiss this action or at least hold it in abeyance pending the outcome of the September hearing.
Defendants contend that the issue is now moot.
A moot question is one which existed but because of an event or happening has ceased to exist and no longer presents an actual controversy. See Skinner Enter. An exception to this rule exists when the court is faced with constitutional issues which are capable of repetition yet could avoid review. The party invoking the exception to the mootness rule has the burden of proof. That party must show that the challenged action is too short a duration to be fully litigated prior to cessation and that there must be a reasonable expectation that the same complaining party would be subject to the same action again.