City of Mesquite v. Aladdin's Castle, Inc

In City of Mesquite v. Aladdin's Castle, Inc., 455 U.S. 283, 102 S.Ct. 1070, 71 L.Ed.2d 152 (1982), a local ordinance was being challenged as unconstitutional. While the case regarding the ordinance was pending in the appellate court, the city revised the statute by omitting language from the ordinance that was being challenged on appeal. The appellate court was not "fully advised" of this change and ruled that the omitted language was unconstitutional. Aladdin's Castle, 455 U.S. at 288, 102 S.Ct. 1070. The Supreme Court held that even if the appellate court was fully advised of the revision of the ordinance, the court nonetheless was "under no duty" to regard the issue as moot. Id. Because "the city's repeal of the objectionable language would not preclude it from reenacting precisely the same provision if the district court's judgment were vacated," the Court held that the federal courts maintained jurisdiction. Id. at 289, 102 S.Ct. 1070. This was especially true given that the city announced at oral arguments its intention to reenact the same provision if the district court's judgment was vacated. Id. at 289 n. 11, 102 S.Ct. 1070.