Opinion
No. 37305
Decided March 28, 1962.
Appeal — Dismissal — Moot case — Horse racing — Appeal from order of racing commission — Permit to hold racing meeting.
APPEAL from the Court of Appeals for Lucas County.
On July 5, 1961, the Ohio State Racing Commission issued an order denying the application of Tri-State Enterprises, Inc., to conduct harness horse racing from August 18 to October 7, 1961, at the Lucas County Fairgrounds, and granted to Toledo-Maumee Raceways, Inc., an application for 21 days of thoroughbred horse racing from October 7 through October 31, 1961, at Toledo Raceway Park.
Two appeals were taken to the Common Pleas Court of Lucas County from that order, one by the Lucas County Agricultural Society and the Board of County Commissioners, and the other by Tri-State Enterprises, Inc.
On September 5, 1961, the instant action in prohibition was brought in the Court of Appeals by Toledo-Maumee Raceways, Inc., appellee herein, against appellant herein, Hackett, Judge of the Court of Common Pleas of Lucas County, to prevent appellant from approving, signing or enforcing any journal entry in either of the cases pending in the Common Pleas Court, which would vacate, set aside, hold for naught or in any way affect the order of the Ohio State Racing Commission of July 5, 1961, granting to appellee herein a permit to conduct a horse-racing meeting from October 7 to October 31, 1961. On October 4, 1961, the Court of Appeals allowed the writ.
On October 24, 1961, notice of appeal from the judgment of the Court of Appeals was filed in this court, and the cause was heard on March 1, 1962.
Messrs. Knepper, White, Richards, Miller Roberts and Mr. Hugh A. Sherer, for appellee.
Mr. Ralph S. Boggs and Mr. R.C. Ragan, for appellant.
Appellee has filed a motion to dismiss the appeal for the reason that the cause is presently moot. It appearing from the record that the cause has become moot, the motion to dismiss is sustained and the appeal dismissed.
Appeal dismissed.
WEYGAND, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, KERNS and O'NEILL, JJ., concur.
KERNS, J., of the Second Appellate District, sitting by designation in the place and stead of HERBERT, J.