92 P.2d 374 | Okla. | 1939
This is an appeal from an action of the clerk of the city of Oklahoma City disapproving the sufficiency of the signatures presented in a petition to refer an ordinance of the city of Oklahoma City designated as ordinance No. 4475. This ordinance permitted the drilling of a certain area in the northeastern section known as the northeast extension of the Oklahoma City field between Third street and California avenue. This matter was first considered by this court in State ex rel. Hunzicker v. Pulliam,
It is urged in a motion to dismiss that the proceeding has become moot because the ordinance has been made effective by a subsequent ordinance, No. 4578, bearing the emergency clause and that the property involved in the litigation has been drilled and developed under said latter ordinance.
In response to the motion to dismiss, petitioners cite 43 C. J. 594 and McQuillin on Municipal Corp. (2d Ed.) page 658, sec. 730, to the effect that where an ordinance has been referred to a vote of the people, the legislative body of a municipal corporation cannot nullify the proceeding to refer the ordinance by passing again an ordinance in all essential features like the one referred.
Regardless of the rule expressed in the above-cited authorities, in Keaton v. Brown,
"On June 19, 1934, this court promulgated its opinion in the case of State ex rel. Hunzicker v. Pulliam,
"On September 14, 1934, the city council enacted ordinance No. 4578, to which the emergency clause was properly attached, and the purpose and effect of said ordinance was the same as that of ordinance No. 4475. Keaton v. Brown,
"A court will not entertain an action to enjoin a party from doing that which he has already done. Roper v. Board of Education of the City of Okmulgee,
The question involved in the appeal having become moot, the appeal is dismissed.
BAYLESS, C. J., WELCH, V. C. J., and RILEY, OSBORN, CORN, GIBSON, HURST. and DAVISON, JJ., concur, DANNER, J., absent.