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STATE EX REL. THE RYANT COMMT. v. LORAIN CTY. BD. OF ELECTIONS

No. 99-941.

86 Ohio St.3d 107 (1999)

THE STATE EX REL. THE RYANT COMMITTEE ET AL. v. LORAIN COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided June 23, 1999.

Attorney(s) appearing for the Case

Grendell & Associates, L.L.P., and Timothy J. Grendell, for relators.

Phillips & Co., L.P.A., and Gerald W. Phillips, pro se.

Gregory A. White, Lorain County Prosecuting Attorney, and Gerald A. Innes, Assistant Prosecuting Attorney, for respondents Lorain County Board of Elections and its members.

Brunner & Brunner Co., L.P.A., Jennifer L. Brunner, Edwin L. Kirby, Jr., and David R. Funk; Kahn, Kleinman, Yanowitz & Arnson Co., L.P.A., and Sheldon Berns; Chester, Willcox & Saxbe, L.L.P., and J. Craig Wright, for intervening respondent First Interstate Development Company.

Walter & Haverfield, P.L.L., Barbara R. Marburger and R. Todd Hunt, for intervening respondents Avon Citizens Committee for Avon Commons and Robert Barnhart.

Per Curiam.

Motions to Dismiss

Respondents filed motions to dismiss this cause. Respondents' motions are meritless. Respondents the board, its members, and First Interstate improperly attached to their motions and relied on evidence that is not contained in relators' complaint or amended complaint. State ex rel. Fuqua v. Alexander (1997), 79 Ohio St.3d 206, 207, 680 N.E.2d 985, 986-987...

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