FILED NOT FOR PUBLICATION OCT 05 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

PATSY N. SAKUMA, No. 09-17448

Plaintiff - Appellant, D.C. No. 1:08-cv-00502-HG-KSC

v. MEMORANDUM * ASSOCIATION OF APARTMENT OWNERS OF THE TROPICS AT WAIKELE, by it’s Board of Directors and JAMES S. KOMETANI, Commissioner,

Defendants - Appellees.

Appeal from the United States District Court for the District of Hawaii Helen Gillmor, District Judge, Presiding

Submitted September 22, 2010 **

Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.

The district court properly dismissed Patsy N. Sakuma’s (“Sakuma”) action

as moot because her condominium had been sold and there was no longer a

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). controversy as to which effective relief could be granted. See Vill. of Gambell v.

Babbitt, 999 F.2d 403, 406 (9th Cir. 1993).

Sakuma’s remaining contentions are unpersuasive.

AFFIRMED.

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