STATE EX REL. KEYES v. OHIO PUB. EMPS. RETIREMENT SYS.

No. 2008-2167.

123 Ohio St.3d 29 (2009)

2009-Ohio-4052

THE STATE EX REL. KEYES et al. v. OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM et al.

Supreme Court of Ohio.

Decided August 18, 2009.


Attorney(s) appearing for the Case

Chester, Willcox & Saxbe, L.L.P., Sarah D. Morrison, and Donald C. Brey, for relators.

Richard Cordray, Attorney General, and John T. Williams and Laura E. Parsons, Assistant Attorneys General, for respondent Ohio Public Employees Retirement System.

Christensen, Christensen, Donchatz, Kettlewell & Owens, L.L.P., and Timothy J. Owens, for respondent Dr. Diane Ehrbar.


Per Curiam.

{¶ 1} This is an action for a writ of mandamus to compel the retirement board of respondent Ohio Public Employees Retirement System ("PERS") to comply with Ohio Adm.Code 145-1-01 by obtaining the requisite majority vote of its members present before taking action on a claim for service credit. Because the board abused its discretion in acting on the administrative appeal relating to the...

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