ASH, Inc. v. Mesa Unified School District No. 4
In ASH, Inc. v. Mesa Unified School District No. 4, 138 Ariz. 190, 673 P.2d 934 (App. 1983), the plaintiff sought to invalidate a contract for the sale of school buses from a third party to the Mesa Unified School District. Id. at 191, 673 P.2d at 935.
On appeal, the district contended that, because the contract with the third party had been fully executed, the plaintiff's request that the court declare the contract void and issue a writ of mandamus requiring the district to award the contract to ASH was moot. Id.
The Court agreed that the issue was moot, but stated that an appellate court may hear matters that are otherwise moot "if the matter is of considerable public importance or the principle involved is a continuing one." Id.
Finding that the plaintiff had not posted a supersedeas bond or requested a stay, however, the court concluded that the plaintiff had failed to adequately preserve the issue for appeal. Id. at 192, 673 P.2d at 936.