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MOLLETTE v. PORTSMOUTH CITY COUNCIL

No. 05CA3051.

169 Ohio App.3d 557 (2006)

2006-Ohio-6289

MOLLETTE et al., Appellees and Cross-Appellants, v. PORTSMOUTH CITY COUNCIL, Appellant and Cross-Appellee.

Court of Appeals of Ohio, Fourth District, Scioto County.

Decided November 27, 2006.

Attorney(s) appearing for the Case

Schroeder, Maundrell, Barbiere & Powers, and Lawrence E. Barbiere; and David W. Kuhn, Portsmouth City Solicitor, for appellant and cross-appellee.

Dagger, Johnston, Miller, Ogilvie & Hampson, and D. Joe Griffith, for appellees and cross-appellants.

HARSHA, Presiding Judge.

{¶ 1} Teresa and Robert Mollette, appellees and cross-appellants, brought suit against Portsmouth City Council, appellant and cross-appellee, alleging that Ordinance 63-02 was invalid because it resulted from private deliberations, in violation of the Portsmouth City Charter and R.C. 121.22. After the trial court granted summary judgment to the Mollettes, city council appealed and the Mollettes filed a cross-appeal. Initially...

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