describing {PRIVATE "TYPE=PICT; ALT=Go to the description of this Headnote."} moot actions as those that "`involve no actual genuine, live controversy, the decision of which can definitely affect existing legal relations'"
How later courts described this case
- describing {PRIVATE "TYPE=PICT; ALT=Go to the description of this Headnote."} moot actions as those that "`involve no actual genuine, live controversy, the decision of which can definitely affect existing legal relations'"
- describing moot actions as those that "`involve no actual genuine, live controversy, the decision of which can definitely affect existing legal relations'"
- “‘Actions or opinions are described as “moot” when they are or have become fictitious, colorable, hypothetical, academic or dead.’”
- for ascertaining if an “action or opinion” is moot
Written by the judges who cited it.
The opinion
SKEEL, J,
dissents, for the reason that the question of law presented by this appeal is now moot. The ordinance and lease under which a declaratory judgment and injunction is asked by plaintiffs expired prior to the case being filed for trial de novo in the Court of Appeals. Hagerman v. City of Dayton, 147 Oh St 313.
If the question were before us, I would concur thoroughly with the statement of the majority of this court that a city in providing recreational facilities for the people within its jurisdiction cannot discriminate on the basis of race or color. All citizens are entitled to equal protection under the law.
I am not convinced, however, that the record establishes bad faith on the part of the public officials of the City of Warren in renting the swimming pool to the Veterans Swim Club. It seems from the record that the pool had been operated at a loss for a number of years and that the city, through its duly elected and qualified council concluded that there were not sufficient funds available to run the pool at city expense. If, in fact, the pool could not be used as a part of the city’s recreational facilities and the city council acting within their sound discretion determined to sell it or lease it, under the provisions of §3631 GC they would have the legal right to do so. The sale or lease of such facility or property must have been conducted in absolute good faith and such method cannot be used as a means of avoiding the constitutional obligations of the city to afford all citizens the equal protection under the law.