CICCO v. STOCKMASTER

No. 99-85.

89 Ohio St.3d 95 (2000)

CICCO ET AL., APPELLANTS, v. STOCKMASTER ET AL.; COLONIAL INSURANCE COMPANY OF CALIFORNIA ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 7, 2000.


Attorney(s) appearing for the Case

Murray & Murray, W. Patrick Murray and William H. Bartle, for appellants.

Flynn, Py & Kruse, L.P.A., and James W. Hart, for appellee Colonial Insurance Company of California.

James L. Schuller, for appellee Grange Mutual Casualty Company.

Betty D. Montgomery, Attorney General, and Sharon A. Jennings, Assistant Attorney General, urging affirmance for amicus curiae, Ohio Attorney General.


LUNDBERG STRATTON, J.

The issue before us is what constitutes proper service upon the Attorney General for purposes of former R.C. 2721.12 in a declaratory judgment action challenging the constitutionality of a statute, ordinance, or franchise. For the reasons more fully set forth below, we hold that a party who is challenging the constitutionality of a statute must assert the claim in the complaint (or other initial pleading) or an amendment thereto, and must serve...

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