Limited liability company (LLC) filed suit against city council, alleging ordinance violated city’s home rule charter.
The District Court granted LLC’s motion for summary judgment and declared the ordinance null, void, and illegal. City council filed a suspensive appeal, and the Fourth Circuit Court of Appeal issued an order transferring the matter to the Supreme Court as involving the constitutionality of the ordinance.
The Supreme Court held that the Court lacked appellate jurisdiction to consider appeal of trial court order that did not declare city ordinance unconstitutional but rather held that it violated city’s home rule charter.