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STATE, EX REL. HILLSIDE PARK ESTATES, INC. v. COTNER.

No. 39464.

4 Ohio St. 2d 25 (1965)

THE STATE, EX REL. HILLSIDE PARK ESTATES, INC., ET AL., APPELLEES, v. COTNER, CLERK OF CITY COUNCIL OF CITY OF CLEVELAND, APPELLANT.

Supreme Court of Ohio.

Decided November 17, 1965.

Attorney(s) appearing for the Case

Messrs. Kinchen, Matia & Mays and Mr. Charles E. Merchant, for appellees.

Mr. Bronis J. Klementowicz, director of law, Mr. Daniel J. O'Loughlin and Mr. George J. Dinda, for appellant.

Per Curiam.

There is no mandatory duty specially enjoined by law upon the respondent as clerk of the city council of Cleveland to issue a certificate as requested by relators.

Section 711.09, Revised Code, upon which relators rely, provides in part:

"Whenever a city planning commission adopts a plan for the major streets * * * of a city or any part thereof * * * no plat of a subdivision within...

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