Opinion
No. 32762
Decided October 17, 1951.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Sale of electric power plant — Taxpayers' action to enjoin enforcement of initiated ordinance — Disposal of power plant a legislative function — Validity of initiated ordinance — Reservation of initiative and referendum powers to people — Section 1f, Article II, Constitution — Acquisition of public utilities by municipality — Sections 4 and 5, Article 18, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Silas J. Blair, for appellants.
Mr. Kenneth G. Duebel, city solicitor, Mr. J.J.P. Corrigan, and Messrs. Davis Young, for appellees Ralph E. Kobie and others.
Mr. Henry J. Crawford, Mr. John Lansdale, Jr., and Messrs. Squire, Sanders Dempsey, for appellee Ira D. Lucal.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS, and HART, JJ., concur.