Opinion
Docket No. 26, Calendar No. 44,778.
Decided June 27, 1950.
Appeal from Wayne; Marschner (Adolph F.), J. Submitted June 7, 1950. (Docket No. 26, Calendar No. 44,778.) Decided June 27, 1950.
Bill by Thomas Darnall against William S. McKitrick and others, as the Charter Commission for the City of Melvindale, to enjoin publication of notice of election in the Suburban Weekly. Suburban Weekly, Inc., intervened. Bill dismissed. Plaintiff appeals. Proceedings dismissed.
Chapman Chapman, for plaintiff.
Zwerdling Zwerdling, for defendants.
Plaintiff filed his bill of complaint to enjoin the charter commission for the city of Melvindale, a Michigan municipal corporation, from proceeding with the publication of a proposed revised charter for the city in "The Suburban Weekly," as being a publication not qualified under the statute of the State to publish legal notice to the voters of the city for their acceptance or rejection of the proposed revised charter.
See CL 1948, § 691.611 et seq. (Stat Ann § 27.801). — REPORTER
On motion to dismiss the bill of complaint the lower court dismissed the bill of complaint with prejudice and dissolved the temporary injunction restraining the publication.
Pending the appeal the publication occurred and election has been held on the question of the adoption of the proposed revised charter.
The questions involved herein are moot. Without determining the questions involved and without prejudice to plaintiff's taking any proceeding contesting the validity of the election, the proceedings are dismissed, without costs.
BOYLES, C.J., and NORTH, DETHMERS, BUTZEL, CARR, BUSHNELL, and SHARPE, JJ., concurred.