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STATE EX REL. BERRY v. TACKETT

No. 79-570.

60 Ohio St. 2d 12 (1979)

THE STATE, EX REL. BERRY, PROS. ATTY., v. TACKETT ET AL.

Supreme Court of Ohio.

Decided November 7, 1979.

Attorney(s) appearing for the Case

Mr. James A. Berry, prosecuting attorney, pro se.

Messrs. Squire, Sanders & Dempsey and Mr. George I. Meisel, for respondents.

Per Curiam.

Relator is requesting this court to issue a writ of quo warranto to prevent the members of the Board of County Commissioners, Clark County, from exceeding their alleged lawful authority. In paragraph two of the syllabus in State, ex rel. Hogan, v. Hunt (1911), 84 Ohio St. 143, this court stated that "the legality of the exercise of a mere function alleged to be erroneously exercised by one who * * * is a public officer, can...

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