a court should act only where a real controversy exists
How later courts described this case
- a court should act only where a real controversy exists
Written by the judges who cited it.
The opinion
MANDERINO, Justice,
dissenting.
I dissent. The issue before us is not moot. Appellants objected to the construction of the sewer before it was constructed. They are entitled to a review as to whether the permit was properly issued. If the permit was not properly issued, they are entitled to a remedy. The remedy could be an order that the sewer be torn out or a lesser remedy that the sewer be limited in use. Because appellants are asking for the less drastic remedy is no reason to deny them appellate review of whether the permit was properly issued in the first place.