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STATE EX REL. FISHER v. CLEVELAND

No. 2004-1726.

109 Ohio St.3d 33 (2006)

2006-Ohio-1827

THE STATE EX REL. FISHER ET AL., APPELLEES, v. CITY OF CLEVELAND ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 26, 2006.

Attorney(s) appearing for the Case

Patrick A. D'Angelo, L.L.C., and Patrick A. D'Angelo; Joseph W. Diemert Jr. & Associates, Joseph W. Diemert Jr., and Thomas Hanculak, for appellees.

Teresa M. Beasley, Cleveland Law Director, Thomas J. Kaiser, Chief Trial Counsel, and Cortney R. Oren, Assistant Law Director, for appellants.

O'CONNOR, J.

{¶ 1} We are asked to consider whether a municipality, in enforcing its residency requirement for municipal employees, may require that an employee undergoing a residency investigation submit a copy of the employee's income tax returns. We hold that such a request, as part of an informal document request, constitutes an invasion of privacy and is therefore barred.

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