Rosling v. Seattle Building & Construction Trades Council

(dissenting)—In the instant case it seems to me that the respondents were mainly interested in injunc-tive relief, and that this, in effect, put the controversy on the so-called “equity side” of the court. However, the respondents also requested relief in damages and their costs. The trial court granted equitable relief and awarded damages plus costs. The majority, emphasizing the equity aspects, speaks of this lawsuit as being moot and cites cases of this court relative to dismissal of appeals in such instances. The majority opinion states:

*909“If the construction work on the particular project…