Walker v. Serrott

Ohio Supreme Court

Walker v. Serrott

236 N.E.2d 670, 14 Ohio St. 2d 54, 43 Ohio Op. 2d 118, 1968 Ohio LEXIS 418

CourtOhio Supreme Court

DecidedApril 17, 1968

DocketNo. 41109

StatusPublished

Cited by3 cases

This text of 236 N.E.2d 670 (Walker v. Serrott) 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

Walker v. Serrott, 236 N.E.2d 670, 14 Ohio St. 2d 54, 43 Ohio Op. 2d 118, 1968 Ohio LEXIS 418 (Ohio 1968).

Pincite

Opinion

Per Curiam.

We find that the adoption by the city council of Ordinance No. 245-66 rendered this case moot. See Miner v. Witt, 82 Ohio St. 237, and Webster v. Serrott, 7 Ohio App. 2d 67. At the time this annexation ordinance was adopted there was no injunction, temporary or otherwise, in effect to prevent such annexation. The automatic temporary injunction provided in Section 709.07, Revised Code, was terminated when the Court of Common Pleas dismissed the petition, and Walker did not obtain a temporary injunction from the Court of Appeals, which would have been the proper way to prevent this cause from becoming moot. Croll v. Franklin, 36 Ohio St. 316; Section 2727.05, Revised Code.

Judgment reversed.

Taft, C. J., Zimmerman, Matthias, 0’Neill, Herbert and Brown, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

We find that the adoption by the city council of Ordinance No. 245-66 rendered this case moot. See Miner v. Witt, 82 Ohio St. 237, and Webster v. Serrott, 7 Ohio App. 2d 67. At the time this annexation ordinance was adopted there was no injunction, temporary or otherwise, in effect to prevent such annexation. The automatic temporary injunction provided in Section 709.07, Revised Code, was terminated when the Court of Common Pleas dismissed the petition, and Walker did not obtain a temporary injunction from the Court of Appeals, which would have been the proper way to prevent this cause from becoming moot. Croll v. Franklin, 36 Ohio St. 316; Section 2727.05, Revised Code.

Judgment reversed.

Taft, C. J., Zimmerman, Matthias, 0’Neill, Herbert and Brown, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

236 N.E.2d 670, 14 Ohio St. 2d 54, 43 Ohio Op. 2d 118, 1968 Ohio LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-serrott-ohio-1968.

Opinion

Related

Cite This Page — Counsel Stack