Summary
In State ex rel. Northeast Property Owners Civic Assn. v. Kennedy (1962), 174 Ohio St. 111, 21 O.O.2d 368, 186 N.E.2d 860, the relators in July 1960 commenced a quo warranto action to remove the respondents as officers of the association; they were elected for one-year terms commencing on January 1, 1960.
Summary of this case from State ex Rel. Paluf v. FeneliOpinion
No. 37615
Decided December 19, 1962.
Corporation not for profit — Election and dismissal of officers — Quo warranto — Appeal — Dismissal — Moot case.
APPEAL from the Court of Appeals for Cuyahoga County.
The relators invoked the original jurisdiction of the Court of Appeals by instituting therein this proceeding in quo warranto. Relators seek to remove the respondents as officers of the Northeast Property Owners Civic Association, an Ohio corporation and a relator herein. The prayer of the petition is that respondents "be declared to be usurpers of the offices of said corporation; that they be found to have no title or right to such offices; that they be ousted therefrom; that pending the final determination of this cause this court * * * enjoin the defendants [respondents] from interfering with the conduct and control of the corporation powers, business and property of said corporation on the part of its officers elected at the last meetings as aforementioned."
The respondents were elected to the offices in question on December 8, 1959, for one-year terms commencing January 1, 1960. The instant action was instituted on July 12, 1960.
The Court of Appeals allowed the writ.
An appeal as a matter of right was perfected in this court in May 1962.
Messrs. Chapman Chapman, for appellees.
Messrs. Clark Chase, for appellants.
It appearing that the one-year terms to which the respondents were elected as officers of the relator corporation have expired, and that other officers have been elected, the questions presented by this appeal have become moot. The appeal is therefore dismissed. See State, ex rel. Devine, Pros. Atty., v. Baxter, 168 Ohio St. 559.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, RADCLIFF, O'NEILL and GRIFFITH, JJ., concur.
RADCLIFF, J., of the Fourth Appellate District, sitting by designation in the place and stead of HERBERT, J.