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STATE EX REL. GRIMSHAW v. ATKINS

No. 78-918.

56 Ohio St. 2d 97 (1978)

THE STATE, EX REL. GRIMSHAW, PROS. ATTY., v. ATKINS.

Supreme Court of Ohio.

Decided November 15, 1978.

Attorney(s) appearing for the Case

Mr. Lynn A. Grimshaw, prosecuting attorney, pro se. Richard L. Eisnaugle Co., L. P. A., and Mr. Richard L. Eisnaugle, for respondent.

Per Curiam.

This court's original jurisdiction in quo warranto cannot be limited by city charter. State, ex rel. Highland Heights, v. Kee (1975), 42 Ohio St.2d 234, 235.

By removing himself from the Sixth Ward respondent has forfeited his office pursuant to Section 3 of the Portsmouth city charter. The writ of quo warranto is allowed.

Writ allowed.

LEACH, C. J., HERBERT...

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