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OHIOANS FOR FAIR REPRESENTATION, INC. v. TAFT

No. 92-1080.

67 Ohio St.3d 180 (1993)

OHIOANS FOR FAIR REPRESENTATION, INC., APPELLANT, ET AL., v. TAFT, SECY. OF STATE, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 25, 1993.

Attorney(s) appearing for the Case

Thompson, Hine & Flory, Leslie W. Jacobs and William C. Wilkinson, for appellant.

Lee I. Fisher, Attorney General, Cherry Lynne Poteet and Theresa R. Schaefer, Assistant Attorneys General, for appellees Secretary of State and Ohio Elections Commission.

PFEIFER, J.

R.C. 2721.12 requires service of a copy of the proceeding on the Attorney General when a party challenges the constitutionality of a statute in a declaratory judgment action. R.C. 2721.12 does not require, however, that the Attorney General be named as a party in such an action. Malloy v. Westlake (1977), 52 Ohio St.2d 103, 6 O.O.3d 329, 370 N.E.2d 457. A misstatement of the law in paragraph one of the...

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