Six anonymous persons brought action against city, city council president, and city attorney, challenging constitutionality of city ordinances restricting magazine capacity and storage of firearms.
The Court of Common Pleas granted plaintiffs’ motion for preliminary injunction enjoining city from enforcing certain provisions of city code amended or enacted by ordinances. City appealed. The Court of Appeals, Fifth District, granted plaintiffs’ motion to dismiss appeal. City appealed, and the Supreme Court accepted review.
The Supreme Court held that:
- Order granting preliminary injunction in effect determined action regarding provisional remedy and prevented judgment in action in favor of appealing party with respect to that provisional remedy, in analysis of whether order was final and appealable order, and
- City could not obtain meaningful or effective remedy from order granting preliminary injunction if city was prohibited from immediately appealing order, in analysis of whether order was final and appealable order.