Krahmer v. McClafferty

288 A.2d 678 (1972)

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Krahmer v. McClafferty

Delaware Supreme Court
288 A.2d 678 (1972)

  • Written by Tammy Boggs, JD

Facts

The City of Wilmington had a home-rule charter that required the enactment of an annual operating budget with corresponding appropriations for expenditures during the fiscal year. In 1971, the members of the city council (defendants) proposed an annual operating budget for the next fiscal year that appropriated $310,564 to a class of expenditures consisting of “materials, supplies, and equipment.” The city council allegedly expected to spend only $49,510 in that category, however, and wished to reserve the balance for other purposes. A charter provision allowed for certain transfers of budget items during the fiscal year. Before the city council passed the budget ordinance, the city solicitor informed the city council that effectively creating a “contingency fund” was unauthorized because the mayor had not recommended it. The city council ignored the solicitor’s advice and enacted the ordinance anyway. The mayor vetoed the specified appropriation based on illegality. The city council nevertheless overrode the veto and passed the ordinance. A city taxpayer, Johannes Krahmer (plaintiff) sued the city-council members, seeking a writ of mandamus to compel them to enact an annual operating budget that complied with the city charter. The council members filed a motion for judgment on the pleadings.

Rule of Law

Issue

Holding and Reasoning (O’Hara, J.)

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