CITY OF WESTLAKE v. MASCOT PETROLEUM CO., INC.

No. 90-1090.

61 Ohio St.3d 161 (1991)

CITY OF WESTLAKE, APPELLANT, v. MASCOT PETROLEUM COMPANY, INC., D.B.A. SUNOCO SUNMART, APPELLEE.

Supreme Court of Ohio.

Decided July 24, 1991.


Attorney(s) appearing for the Case

Patrick A. Gareau, Director of Law, and Robert C. McClelland, for appellant.

Calfee, Halter & Griswold, Wm. Tousley Smith and Ronald D. Holman II, for appellee.

Brian J. Melting and Clarence B. Rader III, urging reversal for amicus curiae, Ohio Municipal League.


SWEENEY, J.

I

The threshold issue submitted for our review concerns the procedural foundation necessary to maintain the present challenge to the Westlake municipal ordinance through the declaratory judgment mechanism. The instant action is governed by R.C. 2721.12, which provides:

"When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration. No declaration shall prejudice...

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