CITY OF CUYAHOGA FALLS v. ROBART

No. 89-1769.

58 Ohio St. 3d 1 (1991)

CITY OF CUYAHOGA FALLS ET AL., APPELLEES AND CROSS-APPELLANTS, v. ROBART, MAYOR, ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided February 27, 1991.


Attorney(s) appearing for the Case

George Pappas Co., L.P.A., and Dennis J. Bartek, for appellees and cross-appellants.

Virgil Arrington, Jr., deputy law director, for appellants and cross appellees Robart, Gault, Klein and Pritt.

Amer Cunningham Brennan Co., L.P.A., Jack Morrison, Jr. and Michael S. Urban, for appellants and cross-appellees Joseph and Ross.


MOYER C.J.

Upon review, we hold that the trial court properly entered judgment against plaintiffs on the taxpayer and declaratory judgment actions. The court of appeals therefore erred in reversing the trial court's judgment in part.

The first question we address is whether the taxpayer action was timely filed. The taxpayer action was presumably brought pursuant to R.C. 733.59. Plaintiffs have not referred this court to any other statutory basis for the taxpayer...

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