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STATE EX REL. MILEFF v. MIFFLIN TWP.

No. 88-1902.

49 Ohio St. 3d 269 (1990)

THE STATE, EX REL. MILEFF, APPELLEE, v. MIFFLIN TOWNSHIP ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 14, 1990.

Attorney(s) appearing for the Case

Richard Waller, for appellee.

Michael Miller, prosecuting attorney, and William J. Owen, for appellants.

Per Curiam.

The decision of the court of appeals is reversed on the authority of State, ex rel. Temke, v. Outcalt (1977), 49 Ohio St.2d 189, 3 O.O. 3d 248, 360 N.E.2d 701. The matter is remanded to the court of appeals with instructions to allow appellants to file an answer per Civ. R. 12(A)(2)(a) and to conduct further proceedings consistent therewith.

Judgment reversed and cause remanded...

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