Roy Wirtz v. City of South Bend

POSNER, Circuit Judge.

This motion to dismiss an appeal in a case arising under the First Amendment’s establishment clause presents a novel jurisdictional issue: whether a municipal land use case can come within the exception to the doctrine of mootness for cases that are capable of repetition yet elude review. There is also an issue of timeliness.

The City of South Bend bought a tract of land with the intention of transferring it to a Catholic high school adjoining the tract, on which the school wanted to build an athletic complex. The City asked in exchange only the right to use the athletic…