SCHISLER v. CLAUSING

No. 80-1436.

66 Ohio St. 2d 345 (1981)

SCHISLER, CITY SOLICITOR, ET AL., APPELLANTS, v. CLAUSING ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 10, 1981.


Attorney(s) appearing for the Case

Mr. Richard Schisler, city solicitor, Messrs. Lucas, Prendergast, Albright, Gibson, Newman & Gee and Mr. Rankin M. Gibson, for appellants.

Wolery & Wolery Co., L.P.A., Mr. John J. Wolery, Messrs. Sanford, Fisher, Fahey, Boyland & Schwarzwalder and Mr. Richard P. Fahey, for appellees.


Per Curiam.

We are asked to choose between two seemingly conflicting provisions in the Portsmouth City Charter. Section 9, which sets forth the general provisions governing council voting procedure, was first enacted in 1928, and provides:

"A majority of the members elected to the Council shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such...

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