STATE EX REL. BADGETT v. MULLEN

No. 06CA61.

177 Ohio App.3d 27 (2008)

2008-Ohio-2373

The STATE of Ohio ex rel. BADGETT v. MULLEN, Mayor, et al. and Newman et al., Intervenors.

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

Decided May 8, 2008.


Attorney(s) appearing for the Case

Spater Law Office and Alexander M. Spater, for relator James M. Badgett.

Roland W. Riggs III, Marietta City Law Director, for respondents Michael Mullen, city of Marietta, Paul Bertram III, Randall Burnworth, Sam Gwinn, Katie McGlynn, Kathy Shively, Tom Vukovic, and Judy Wray.

Theisen Brock, L.P.A., and James S. Huggins, for respondent Andrew M. Thompson.

The McTigue Law Group, Donald J. McTigue, and Mark A. McGinnis, for intervenors Glenn Newman, Jeff Starner, and Dave Haney.


HARSHA, Judge.

{¶ 1} Relator James M. Badgett filed a taxpayer mandamus action under R.C. 733.58 and 733.59 against the city of Marietta, the mayor of Marietta, the president of the Marietta City Council, and the members of the Marietta City Council ("the city") alleging that they have not provided "suitable accommodations" for the Marietta Municipal Court as required by R.C. 1901.36. The city contends that Badgett does not have standing to bring...

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