State ex rel. Mikus v. Chapla

Ohio Supreme Court

State ex rel. Mikus v. Chapla

205 N.E.2d 663, 1 Ohio St. 2d 174, 30 Ohio Op. 2d 526, 1965 Ohio LEXIS 599

CourtOhio Supreme Court

DecidedMarch 17, 1965

DocketNo. 38442

StatusPublished

Cited by2 cases

This text of 205 N.E.2d 663 (State ex rel. Mikus v. Chapla) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Mikus v. Chapla, 205 N.E.2d 663, 1 Ohio St. 2d 174, 30 Ohio Op. 2d 526, 1965 Ohio LEXIS 599 (Ohio 1965).

Pincite

Opinion

Per Curiam.

By this action relator seeks to oust respondent from his position as a board member of the Lorain Metropolitan Housing Authority on the ground that such position is incompatible with his position as a commissioner of the Lo-rain County Metropolitan Park District. The case is before the court on an agreed stipulation of facts. This stipulation and the pleadings show that respondent was appointed as a member of the Lorain Metropolitan Housing Authority on December 1, 1959, for a five-year term, and that he was appointed as a park commissioner on December 30, 1961, for a three-year term. It [175]*175is stipulated that respondent is still acting as a park commissioner, and that although he has acted as a member of the Housing Authority from 1959 through December 1, 1964, there is nothing in the pleadings or stipulation to indicate that he has been reappointed as a member of the Housing Authority. The fact is that respondent is not presently a member of the Housing Authority.

Since respondent no longer holds both offices, this case is moot, and the petition is dismissed. Miner v. Witt, Clerk, 82 Ohio St. 237.

Petition dismissed.

Taft, C. J., Zimmerman, Matthias, O’Neill, Herbert, Schneider and Brown, JJ., concur.

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Per Curiam.

By this action relator seeks to oust respondent from his position as a board member of the Lorain Metropolitan Housing Authority on the ground that such position is incompatible with his position as a commissioner of the Lo-rain County Metropolitan Park District. The case is before the court on an agreed stipulation of facts. This stipulation and the pleadings show that respondent was appointed as a member of the Lorain Metropolitan Housing Authority on December 1, 1959, for a five-year term, and that he was appointed as a park commissioner on December 30, 1961, for a three-year term. It [175]*175is stipulated that respondent is still acting as a park commissioner, and that although he has acted as a member of the Housing Authority from 1959 through December 1, 1964, there is nothing in the pleadings or stipulation to indicate that he has been reappointed as a member of the Housing Authority. The fact is that respondent is not presently a member of the Housing Authority.

Since respondent no longer holds both offices, this case is moot, and the petition is dismissed. Miner v. Witt, Clerk, 82 Ohio St. 237.

Petition dismissed.

Taft, C. J., Zimmerman, Matthias, O’Neill, Herbert, Schneider and Brown, JJ., concur.

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Bluebook (online)

205 N.E.2d 663, 1 Ohio St. 2d 174, 30 Ohio Op. 2d 526, 1965 Ohio LEXIS 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mikus-v-chapla-ohio-1965.

Opinion

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