LEAVERS v. CITY OF CANTON

No. 38624.

1 Ohio St. 2d 33 (1964)

LEAVERS ET AL., APPELLANTS, v. CITY OF CANTON ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 29, 1964.


Attorney(s) appearing for the Case

Mr. Paul M. Perkins, for appellants.

Mr. Harold E. DeHoff, city solicitor, Mr. James R. Brandon and Mr. John E. Miller, for appellees.


O'NEILL, J.

The question before this court can be simply stated: Is the ordinance of the noncharter city of Canton which is at a variance with Section 143.27, Revised Code, valid or invalid under Section 3, Article XVIII of the Ohio Constitution?

If it is valid, then the defendants Rosche and Wonderly should be retired, and promotions to fill such vacancies should be made from the existing civil service eligibility list.

By a constitutional amendment...

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