Board of Adjustment of Adams County v. Iwerks

I cannot accede to the holding of the majority opinion, that we are now dealing with a dead controversy; hence, I must dissent.

When does a case become moot? In my opinion, a case properly can be said to be moot only when it does not rest upon existing facts or rights. If any facts or rights are involved, the case'should be ours for determination.

*583As comprehensive a statement on this question of mootness as can be found is that contained in the case of Reserve Life Insurance Co. v. Frankfather, 123 Colo. 77, 255 P. (2d) 1035, 39 A.L.R. (2d) 146: “There is no moot case or moot- question where…