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STATE, EX REL. GRAF v. HUTCHINSON

No. 34890.

165 Ohio St. 508 (1956)

THE STATE, EX REL. GRAF, A TAXPAYER, v. HUTCHINSON, MAYOR, ET AL.

Supreme Court of Ohio.

Decided October 24, 1956.

Attorney(s) appearing for the Case

Messrs. DiSalle, Green, Haddad & Lynch, for relator.

Mr. Harry G. Roebke, village solicitor, and Messrs. Spengler, Nathanson, Hebenstreit & Heyman, for respondents.

Per Curiam.

The pendency of the proposed initiative petition to repeal the existing bond ordinance which was passed as an emergency measure does not suspend such existing bond ordinance. Relator's demurrer to the answer filed by the village solicitor is sustained for the reasons advanced in the case of Wiegand, Mayor, v. Ferguson, 124 Ohio St. 73, 177 N. E., 35.

As there is no showing of bad faith in the institution of the taxpayer's injunction...

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