STATE, EX REL., v. WESTFALL

No. 76-146.

48 Ohio St. 2d 23 (1976)

THE STATE, EX REL. KOACH, APPELLEE, v. WESTFALL, MAYOR, APPELLANT.

Supreme Court of Ohio.

Decided October 27, 1976.


Attorney(s) appearing for the Case

Mr. Jules N. Koach, village solicitor, for appellee.

Mr. N. Norman Gravill, for appellant.


Per Curiam.

Appellant does not deny that it is his duty to appoint a street commissioner.

However, he contends that the words in Section 149.02, "the street commissioner shall be appointed by the mayor, subject to confirmation by council," conflict with those words in R. C. 735.31, "a street commissioner shall be appointed by the mayor * * * and confirmed by the legislative authority * * *." Such conflict, appellant argues further, results in R. C....

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