Opinion
No. 18,240.
Filed October 22, 1951. Rehearing denied November 30, 1951.
APPEAL — Determination — Controversy Moot — Appeal Dismissed. — In proceedings to enjoin the putting into effect of resolution and proclamation recommending to the citizens of Evansville that they regulate and adjust their hours of business and employment to one hour earlier than usual during the period from April 29, 1951 to September 30, 1951, the latter date having passed, the controversy became moot and the appeal from the judgment denying relief would be dismissed.
From the Superior Court of Vanderburgh County, John D. Rawlings, Judge.
Action by Charles J. Levsey and others against the City of Evansville and others, to enjoin the putting into effect of a resolution and proclamation that the citizens of Evansville operate on daylight saving time during the summer months. From an adverse judgment, plaintiffs appeal.
Appeal dismissed. By the court in banc.
James D. Lopp and William F. Little, both of Evansville, for appellants.
Milford M. Miller, John E. Early, Isidor Kahn; Kahn, Dees, Donovan Kahn; Richard Waller, Richard R. McGinnis, D. Bailey Merrill; Waller, McGinnis Merrill; Leo Warren, Morris Merrell, William B. Combs; Warren, Merrell Combs; William T. Fitzgerald, Jerome L. Salm, Morton W. Newman; and Newman Salm, all of Evansville, for appellees.
Appellants filed their complaint against appellees, among whom are various public officials and business concerns, alleging that appellees are threatening to put into effect a certain resolution of the Common Council of the City of Evansville and a certain proclamation of the mayor. Injunctive relief is sought. Demurrers to the complaint were sustained. Appellants refused to plead over and judgment was rendered for appellees. This appeal challenges the rulings upon the demurrers.
The only relief sought is to enjoin the putting into effect of the specific resolution and proclamation here involved. The resolution as set forth in the complaint consists of a recommendation to the citizens of Evansville that they regulate and adjust their hours of business and employment to one hour earlier than usual during the period from 2 o'clock A.M. of Sunday, April 29, 1951, to 2 o'clock A.M. of Sunday, September 30, 1951, and that to avoid confusion and promote the orderly conduct of business they advance their clocks by one hour during that period. The proclamation of the mayor requested that the policy outlined by the common council be followed.
The controversy here has become moot. The appellants could not now obtain any relief under their complaint if the court should decide the question presented in their favor. There is nothing upon which an order of injunction could operate. We therefore dismiss the appeal. Smith v. Am. Nat. Bank of Indpls. (1948), 118 Ind. App. 413, 78 N.E.2d 874; Johnson v. Paris, Trustee (1922), 78 Ind. App. 110, 134 N.E. 880; Bloom v. Town of Albion (1933), 96 Ind. App. 229, 183 N.E. 325.
NOTE. — Reported in 101 N.E.2d 196.