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STATE EX REL. HIPP v. CITY OF N. CANTON

No. 93-1867.

70 Ohio St.3d 102 (1994)

THE STATE EX REL. HIPP, APPELLANT, v. CITY OF NORTH CANTON ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 24, 1994.

Attorney(s) appearing for the Case

Green, Haines, Sgambati, Murphy & Macala Co., L.P.A., Ronald G. Macala and Anthony M. DioGuardi II, for appellant.

Ray H. Battista, Director of Law, for appellees.

Per Curiam.

For the following reasons, we reverse and remand the cause to the court of appeals. Appellant argues that a court may never dismiss a complaint summarily on a matter of law. However, we approach the issue as one of abuse of discretion. In State ex rel. Pressley v. Indus. Comm. (1967), 11 Ohio St.2d 141, 40 O.O.2d 141, 228 N.E.2d 631, paragraph ten of the syllabus, we stated that on appeal we will...

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