MALLOY v. CITY OF WESTLAKE

No. 76-1361.

52 Ohio St. 2d 103 (1977)

MALLOY ET AL., APPELLANTS, v. CITY OF WESTLAKE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 7, 1977.


Attorney(s) appearing for the Case

Messrs. George, Greek, King, McMahon & McConnaughey and Mr. William C. Moul, for appellants.

Messrs. Gareau & Gareau, Mr. Patrick A. Gareau and Mr. Daniel J. Kolick, for appellees.


SWEENEY, J.

The issue in the instant cause is whether failure to serve the Attorney General with a copy of the proceeding in a declaratory judgment action challenging the constitutionality of an ordinance precludes the Court of Common Pleas from rendering a judgment. Appellants contend that Civ. R. 4, which does not require special service upon the Attorney General, supersedes the special service requirement of R. C. 2721.12. We disagree.

The law is clear...

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