Terry Surles

Summary

The court withdrew its earlier opinion and dismissed the consolidated appeals because the declaratory-judgment action presented only an anticipated controversy, not a bona fide justiciable controversy. No party had sustained injury, no legal right had been thwarted or affected, and the requested declarations would have been advisory. Justice Shaw, dissenting, would have reached the merits of the ordinance's facial validity, while Justice Murdock concurred only in the result.