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STATE EX REL. DeVITO v. BACCI

No. 79-536.

60 Ohio St. 2d 63 (1979)

THE STATE, EX REL. DEVITO, v. BACCI ET AL.

Supreme Court of Ohio.

Decided November 21, 1979.

Attorney(s) appearing for the Case

Mr. Malcolm C. Douglas, for relator.

Mr. William B. Schatz and Mr. S. Melvin Kociubes, for respondents.

Mr. Jack M. Schulman, law director, and Mr. Howard A. Schulman, for intervenors.

Per Curiam.

Relator claims that he continues in office because Schulman cannot be "appointed and qualified"* to succeed him until his appointment is consented to by Cleveland City Coluncil.

Section 1 of Cleveland City Ordinance 1139-72, in pertinent part, states:

"Appointments to the Board of Trustees of the Cleveland Regional Sewer District made by the Mayor of the city of Cleveland shall be subject to the consent...

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