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STATE, EX REL. DELPH, v. BARR

No. 88-843.

44 Ohio St. 3d 77 (1989)

THE STATE, EX REL. DELPH, APPELLEE, v. BARR, APPELLANT.

Supreme Court of Ohio.

Decided July 5, 1989.

Attorney(s) appearing for the Case

Jon C. Hapner, for appellee.

Manley, Burke & Fischer, Andrew S. Lipton and Ralph W. Phillips, for appellant.

Sarah C. Duncan, director of law, urging reversal for amicus curiae, city of Greenfield.

H. BROWN, J.

Chief of police is a public office from which a usurper may be removed pursuant to R.C. Chapter 2733. State, ex rel. Hanley, v. Roberts (1985), 17 Ohio St.3d 1, 4,17 OBR1, 3, 476 N.E.2d 1019, 1021, at fn. 5. Thus, we must first decide whether Barr is holding the office unlawfully. If he is, we must determine whether Delph is entitled to that office.

I

The court of appeals found...

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