Two purported city council members filed action for writ of quo warranto against three individuals who allegedly unlawfully held members’ city council positions, requesting that court declare council members entitled to positions and oust individuals.
The Fourth District Court of Appeals granted individuals’ motion to dismiss. Council members appealed as of right. T
The Supreme Court reversed and remanded. On remand, the Fourth District Court of Appeals dismissed the action. Council member appealed.
The Supreme Court held that:
- District Court of Appeals erred when it found purported city council member’s quo warranto claim was moot without first deciding whether city council ordinance validly repealed voter-approved ballot measure, and
- The Supreme Court would decline to exercise its discretionary plenary authority to determine whether city council ordinance validly repealed ballot measure.