STATE EX REL. BINFORD v. COTNER

No. 78-848.

58 Ohio St. 2d 11 (1979)

THE STATE, EX REL. BINFORD, APPELLEE, v. COTNER, CLERK OF COUNCIL, APPELLANT.

Supreme Court of Ohio.

Decided April 4, 1979.


Attorney(s) appearing for the Case

Mr. Milt Schulman, for appellee.

Messrs. Climaco, Goldberg, Boukalik & Seminatore, Mr. John R. Climaco and Mr. Shimon Kaplan, for appellant.


HOLMES, J.

The first issue presented is whether an elector who files an affidavit relating to the removal of a councilman, and later withdraws the affidavit, is barred by the Cleveland city charter from refiling a similar affidavit.

The affidavit was filed with the clerk pursuant to Section 16 of the Charter of the city of Cleveland which, in pertinent part, provides:

"The Mayor or any member of the Council may be removed from office by the electors...

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