STATE, EX REL. CORRIGAN v. TUDHOPE

No. 74-658.

41 Ohio St. 2d 57 (1975)

THE STATE, EX REL. CORRIGAN, v. TUDHOPE.

Supreme Court of Ohio.

Decided February 5, 1975.


Attorney(s) appearing for the Case

Mr. H. E. Whitaker, law director, Messrs. Kelley, McCann & Livingstone and Mr. Walter C. Kelley, for relator.

Messrs. Baker, Hosteller & Patterson and Mr. Wayne C. Dabb, Jr., for respondent.


Per Curiam.

The court is confronted with two issues for determination in this case: (1) Does the president of council have the power to vote for a nominee to fill a vacant council seat? (2) Must a nominee to a vacant council seat receive only a majority vote of all the remaining elected councilmen in order to be elected?

In determining whether the council president can vote, we look first to the Berea Charter. Section IV, in pertinent part, provides...

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