STATE EX REL. VANA v. MAPLE HTS. CITY COUNCIL

No. 89-160.

54 Ohio St. 3d 91 (1990)

THE STATE, EX REL. VANA ET AL., APPELLEES, v. MAPLE HEIGHTS CITY COUNCIL ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 10, 1990.


Attorney(s) appearing for the Case

Friedman, Gilbert & Berezin and Alec Berezin, for appellees.

Joseph W. Diemert, law director, Reddy, Grau & Meek, Francis X. Reddy, Jr., and Paul A. Grau, for appellants Maple Heights City Council et al.

Sindell, Rubenstein, Einbund, Pavlik, Novak & Celebrezze and Frank D. Celebrezze, for appellant Gerard Zgrabik.


MOYER, C.J.

In the case before us, appellant Zgrabik concedes that Section 4, Article III of the Maple Heights Charter prohibits him from holding office. He contends, however, that this provision violates the Equal Protection Clauses of the Ohio and United States Constitutions because it lacks a rational basis and infringes on rights of political expression. Since Zgrabik challenges the charter classification under the Equal Protection Clauses, we must first determine...

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