CHENOWETH v. BOARD OF CO. COMM’RS, 79 Nev. 403 (1963)

385 P.2d 771

No. 4618Supreme Court of Nevada.
October 21, 1963

Appeal from order of the Eighth Judicial District Court, Clark County; David Zenoff, J.

Page 404

Harry E. Claiborne, of Las Vegas, for Appellants.

Harvey Dickerson, Attorney General; Edward G. Marshall, Clark County District Attorney, Las Vegas, for Respondents.

OPINION
By the Court, THOMPSON, J.:

This matter is here on appeal from a district court order denying the applications of Chenoweth and Mirin for a writ of mandate. Each had sought to compel the Clark County Board of Commissioners to issue a county

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business license for the operation of a taxicab business within the unincorporated area of Clark County. The Board of County Commissioners had refused to issue the requested licenses because neither of the applicants had first obtained a certificate of public convenience and necessity from the Public Service Commission of Nevada, as required by regulation of that commission, and the district court sustained its action for that reason.[1]

At the hearing below Chenoweth and Mirin contended that the regulation was invalid as having been enacted in excess of the commission’s authority and in contravention of the provisions of NRS 706.430(1) as it then existed. They make the same contentions here. However, we refuse to rule because those issues have become moot. After entry of judgment below, and while this appeal was being processed, the Nevada legislature enacted Stats. Nev. 1963, Chs. 237 and 420, pp. 402, 1107, respectively, requiring that all taxicab motor carriers operating within Nevada must first apply for and receive a certificate of public convenience and necessity. Therefore, the issues tendered below regarding the validity of Regulation No. 225 are no longer justiciable. Cf. Robinson v. Robins Dry Dock Repair Co., 238 N.Y. 271, 144 N.E. 579, 36 A.L.R. 1310.

Appeal dismissed.

BADT, C.J., and McNAMEE, J., concur.

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