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SOUTH EUCLID FRATERNAL ORDER OF POLICE, LODGE 80 v. D'AMICO

No. 86-864.

29 Ohio St. 3d 50 (1987)

SOUTH EUCLID FRATERNAL ORDER OF POLICE, LODGE 80, ET AL., APPELLANTS, v. D'AMICO, MAYOR, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 25, 1987.

Attorney(s) appearing for the Case

Joseph W. Diemert, Jr. & Associates Co., L.P.A., Joseph W. Diemert, Jr. and William F. Schmitz, for appellants.

Victor E. DeMarco and Robert P. DeMarco, for appellees.

HILDEBRANDT, J.

The issue before this court is whether there was a court order in existence on December 26, 1984 that could form a basis for holding the city in contempt when it enacted Ordinance No. 29-84 on that date. We conclude that there was no such order and affirm the judgment of the court of appeals.

To begin our analysis, we observe that appellants' challenge to Ordinance No. 49-80 was in the form of a declaratory judgment action. Appellants were...

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