STATE, EX REL. STOUGH v. BD. OF EDN.

No. 76-968.

50 Ohio St. 2d 47 (1977)

THE STATE, EX REL. STOUGH, APPELLEE, v. BD. OF EDN. OF THE NORTON CITY SCHOOL DIST. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 27, 1977.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman, Mr. Peter J. Gee and Mr. Robert J. Walter, for appellee.

Messrs. Squire, Sanders & Dempsey, Mr. John F. Lewis, Mr. John T. Meredith and Mr. Thomas E. Downey, Jr., for appellants.


Per Curiam.

Since no appeal was taken by the board from the order of the civil service commission, that order is final and conclusive unless it is void and therefore subject to collateral attack. The board raises such an attack by claiming that the commission lacked jurisdiction in the cause and that the relator's appeal should properly have been taken to the Common Pleas Court under R. C. 3319.081.

The commission found that it did have jurisdiction...

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