Ohio Supreme Court, 1968

Walker v. Serrott

Ohio Supreme Court · Decided April 17, 1968 · Brown, Herbert, Matthias, Neill, Taft, Zimmerman

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

Cases that cite this one

3 later published cases cite this decision.

Garverick v. Hoffman (Ohio 1970)
State ex rel. Board of Trustees v. Davis (Ohio 1982)
Brewer v. Salins, Unpublished Decision (05-18-2001) (Ohio Ct. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.