Opinion
No. 38539
Decided May 27, 1964.
Mandamus — To require ordinance not be placed on ballot — Election held — Moot question — Appeal dismissed.
APPEAL from the Court of Appeals for Cuyahoga County.
On September 27, 1963, the petition in mandamus in the instant case was filed originally in the Court of Appeals, alleging that there was certified to the board of elections a certain ordinance of the city of bedford Heights for the purpose of submitting to the electors of that city a charter amendment to be voted on at the general election to be held on November 5, 1963. The prayer of the peitition is that a writ issue against the respondents ordering them not to place the ordinance on the ballot at the November election, and that the ordinance be declared null and void.
On October 23, 1963, the Court of Appeals denied the writ and on October 30, 1963, overruled a motion for new trial.
On November 19, 1963, notice of appeal was filed in this court.
Mr. Kenneth R. Stralka, for appellant.
Mr. John T. Corrigan, prosecuting attorney, and Mr. Frederick W. Frey, for appellees.
Since the time for the election has passed and the election has been completed by the voters' rejection of the proposed ordinance, the case has become moot. Therefore, the appeal is dismissed.
Appeal dismissed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.