National Advertising Company v. Cooley

From the outset, two deficiencies perplex proper appellate review of this proceeding for a declaratory judgment. The case was submitted for decision on an agreed statement of facts. The findings report only the stipulated facts and no more. These include conclusions of law predicated upon hypothetical suppositions of fact. The 1951 ordinance is incorporated in the findings as an exhibit. The text of the ordinance and its preamble are also subject to conflicting inferences of fact. Indeed, the declaratory relief announced in the majority opinion is based on inferences of law and fact which…