FRATERNAL ORDER OF POLICE LODGE NO. 8 v. CITY OF CLEVELAND

No. 92408.

2009 Ohio 4567

Fraternal Order of Police Lodge No. 8, et al., Plaintiffs-Appellees, v. City of Cleveland, et al., Defendants-Appellants.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: September 3, 2009.


Attorney(s) appearing for the Case

Robert J. Triozzi, Director of Law, Kevin J. Gibbons, Assistant Director of Law, 601 Lakeside Avenue, Room 106 - City Hall, Cleveland, Ohio 44114-1077, Attorneys for Appellants.

Robert M. Phillips, Ryan J. Lemmerbrock, Faulkner, Muskovitz & Phillips, LLP, 820 West Superior Avenue, Ninth Floor, Cleveland, Ohio 44113-1800, Attorneys for Appellees.

Before: Blackmon, P.J., Stewart, J., and Celebrezze, J.


JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, P.J.

{¶ 1} Appellants, the City of Cleveland, the Civil Service Commission, and Safety Director Martin Flask ("the City") appeal the trial court's decision awarding attorney fees to the Fraternal Order of Police, Lodge No. 8, Richard Kerber and Brian Betely ("FOP") on their complaint for declaratory judgment. The City assigns the following error for our review:

"I. The trial...

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