Laserfiche WebLink
(Colo. App. 2008) (when issues presented in litigation become moot because <br />of subsequent events, court will decline to render an opinion on the merits of <br />appeal); Van Schaack Holdings, LTD., v. L. C. Fulenwider, 798 P.2d 424 <br />(Colo. App. 1990) (issues presented in litigation became moot because of <br />subsequent events; court declines to render opinion on the merits). When <br />conduct sought to be addressed by either declaratory or injunctive relief is <br />peculiar to a particular event that has already occurred, the finality of the <br />event in a manner incapable of repetition moots the controversy. State Bd <br />of Chiropractic Exam'rs v. St ernholm, 935 P.2d 959 (Colo. 1997). <br />8. As stated above, in the present case, Plaintiff did not obtain an injunction to <br />enjoin the Division's enforcement of the Board's August 11 Order through its <br />September 16 Notice or to enjoin the Board from holding a hearing on the <br />Division's September 16 Notice. Thus, given that on November 17 and 18, <br />2010 the Board held a hearing on the Division's September 16 Notice, <br />Plaintiff's request for injunctive relief is moot. Id; Barnes v. Dist. Ct., in & <br />for the City & County of Denver, 607 P.2d 1008 (Colo. 1980) (Court finds <br />case moot when Commissioner approves rates that,were subject of litigation). <br />9. To the extent Plaintiff requests a permanent injunction regarding the Board's <br />August 11 Order in conjunction with its judicial review claim under the <br />APA, Plaintiff has an adequate remedy under the APA since the APA allows <br />for injunctive relief. § 24-4-106(7), C.R.S. (2010); Jeffrey v. Colo. State <br />Dep't of Soc. Servs., supra. <br />WHEREFORE, the Board and Division respectfully request that this Court <br />dismiss Plaintiff s Third and Fourth Claims for Relief. <br />Dated this 2nd day of December 2010. <br />Respectfully submitted, <br />JOHN W. SUTHERS <br />Attorney General <br />/s/ John J. Roberts <br />JOHN J. ROBERTS, 30124* <br />Assistant Attorney General <br />Agriculture/Professional Unit <br />4