STATE EX REL. HERMAN v. KLOPFLEISCH

No. 95-365.

72 Ohio St.3d 581 (1995)

THE STATE EX REL. HERMAN v. KLOPFLEISCH ET AL.

Supreme Court of Ohio.

Decided July 26, 1995.


Attorney(s) appearing for the Case

McTigue & Brooks and Donald J. McTigue, for relator.

Chester, Willcox & Saxbe, Charles R. Saxbe and Donald C. Brey, for respondent Klopfleisch.

Betty D. Montgomery, Attorney General, and Andrew S. Bergman, Assistant Attorney General, for respondent Secretary of State.


Per Curiam.

Herman instituted this action in quo warranto seeking Klopfleisch's ouster, and Herman's appointment to, the office of Mayor of Celina. We granted an alternative writ and allowed the Secretary of State to intervene as a respondent.

Herman asserts in his first proposition of law that when a person nominated at a primary election and subsequently elected mayor resigns, the vacancy is filled by the central committee of the political party that...

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