STATE, EX REL. BATTIN, v. BUSH

No. 87-1903.

40 Ohio St. 3d 236 (1988)

THE STATE, EX REL. BATTIN ET AL., APPELLANTS, v. BUSH ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 30, 1988.


Attorney(s) appearing for the Case

Richards, Ambrosy & Frederika and Charles L. Richards, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Andrew I. Sutter, for appellee Attorney General.

Dennis Watkins, prosecuting attorney, for appellees Board of County Commissioners, Anthony Latell, Arthur Magee and County Auditor Edward Bush.

Comstock, Springer & Wilson and Thomas J. Wilson, for appellee Trumbull County Democratic Party Central Committee.

Thomas C. B. Letson, for appellee William J. Timmins, Chairman, Trumbull County Democratic Party Central Committee.


HOLMES, J.

The court of appeals found by its opinion that the within action was one which had as its ultimate goal the litigation of one's right to hold a public office. It reasoned, therefore, that the action sounded in quo warranto, over which actions trial-level courts are without jurisdiction. Because we find that the within action was not one to try title to a public office, and for the reasons set forth hereinafter, we reverse the judgment of the court of appeals...

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