STATE EX REL. MCARTHUR v. DESOUZA ET AL.

No. 91-864.

65 Ohio St.3d 25 (1992)

THE STATE EX REL. MCARTHUR v. DESOUZA ET AL.

Supreme Court of Ohio.

Decided October 14, 1992.


Attorney(s) appearing for the Case

Gareau & Dubelko Co., L.P.A., Michael R. Gareau and James M. Dubelko, for relator.

Riley, Koury, Resar & Brill and Patrick D. Riley, for respondent Mark A. DeSouza.

Terry S. Schilling, City Solicitor, and Gino Pulito, for respondents city of Elyria; city of Elyria Civil Service Commission; and Timothy Coey, Safety Service Director.


Per Curiam.

It is settled that an action in quo warranto will not lie where there exists an adequate remedy by way of appeal. State ex rel. Steyer v. Szabo (1962), 174 Ohio St. 109, 21 O.O.2d 366, 186 N.E.2d 839; State ex rel. Hanley v. Roberts (1985), 17 Ohio St.3d 1, 17 OBR 1, 476 N.E.2d 1019. Respondents claim that the commission's certification of the promotional...

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