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STATE EX REL. MUSSER v. CITY OF MASSILLON

No. 84-156.

12 Ohio St. 3d 42 (1984)

THE STATE, EX REL. MUSSER, JUDGE, ET AL., v. CITY OF MASSILLON ET AL.

Supreme Court of Ohio.

Decided July 3, 1984.

Attorney(s) appearing for the Case

Messrs. Chester, Hoffman & Willcox, Mr. Richard C. Addison, Mr. William C. Wilkinson and Mr. Eugene B. Lewis, for relators. Mr. Thomas V. Ferrero, for respondents.

Per Curiam.

We recently addressed the subject of funding municipal courts in State, ex rel. Durkin, v. Youngstown City Council (1984), 9 Ohio St.3d 132. We reiterated that the question of whether a local legislative authority is under a mandatory duty to appropriate funds for certain budget requests is dependent upon the statute authorizing the expenditure, stating at 134:

"In evaluating this...

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