STATE, EX REL. GARFIELD HEIGHTS, v. NADRATOWSKI

No. 76-98.

46 Ohio St. 2d 441 (1976)

THE STATE, EX REL. CITY OF GARFIELD HEIGHTS, v. NADRATOWSKI.

Supreme Court of Ohio.

Decided June 23, 1976.


Attorney(s) appearing for the Case

Mr. Francis X. Reddy, Jr., director of law, for relator.

Messrs. Newman & Newman, Mr. Joel 1. Newman and Mr. Gordon Biggs, for respondent.


Per Curiam.

Respondent contends that summary judgment is not now appropriate inasmuch as the status of Garfield Heights as a charter city is in issue. No affidavits or other evidentiary support is submitted by respondent to support his denial of the complaint's allegation relating to the adoption of a charter by the electors of Garfield Heights. Thus, respondent has failed to comply with Civ. R. 56(E) which requires that he "* * * must set forth specific facts...

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