STATE EX REL. LINDENSCHMIDT v. BUTLER CTY. BD. OF COMMRS.

No. 94-2385.

72 Ohio St.3d 464 (1995)

THE STATE EX REL. LINDENSCHMIDT, APPELLANT, v. BOARD OF COMMISSIONERS OF BUTLER COUNTY, APPELLEE.

Supreme Court of Ohio.

Decided July 5, 1995.


Attorney(s) appearing for the Case

Harry B. Plotnick, for appellant.

John F. Holcomb, Butler County Prosecuting Attorney, and Victoria Daiker, Assistant Prosecuting Attorney, for appellee.

Joseph Wessendarp, urging affirmance for amicus curiae, West Chester/Mason Habitat for Humanity, Inc.


Per Curiam.

In his first proposition of law, Lindenschmidt asserts that the court of appeals abused its discretion in granting the board leave to file an answer after the twenty-eight-day period had expired. See Civ.R. 12(A)(1); Loc.R. 20(A) of the Twelfth Appellate District ("An original action * * * shall proceed as any civil action under the Ohio Rules of Civil Procedure.").

Civ.R. 6(B)(2) provides that "[w]hen by these rules * * * an act is required...

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