Holland v. DeWitt Pub. Sch. Dist.

LC No. 2021-012099-CZ

Brock A. Swartzle Presiding Judge Stephen L. Borrello Michael F. Gadola Judges

ORDER

The Court orders that the motion to dismiss this appeal is DENIED because appellees have not clearly established that this appeal is moot. See Roman Catholic Diocese of Brooklyn, New York v Cuomo, US; 141 S.Ct. 63, 68; 208 L.Ed.2d 206 (2020) (holding reclassification of relevant areas as to COVID-19 related capacity limits for houses of worship did not render appeal moot in substantial part because of "constant threat that the area in question will be reclassified"); Tandon v Newsom, U; 141 S.Ct. 1294, 1297; 209 L.Ed.2d 355 (2021) ("even if the government withdraws or modifies a COVID restriction in the course of litigation, that does not necessarily moot the case"). This order is without prejudice to further consideration of the mootness issue by the case call panel.