Walters v. Cease

AREND, Justice.

The petitioners commenced this action on September 4, 1963, in the superior court for a declaratory judgment that chapter 52, SLA 1963, known as the Mandatory Borough Act and hereinafter referred to as the act, is unconstitutional. At the same time they asked the court to enjoin the respondents from taking any action under the authority which might have been conferred upon them by the act. About one month later the petitioners moved for a preliminary injunction designed to enjoin the respondents from proceeding to organize boroughs 1 under the act until the qualified voters of…