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STATE EX REL. ROGERS v. NEW CHOICES COMMUNITY SCHOOL

C.A. No. 23031.

2009 Ohio 4608

State, ex rel., Nancy H. Rogers, Atty. Gen., Plaintiff-Appellant, v. New Choices Community School, et al., Defendants-Appellees.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on September 4, 2009.

Attorney(s) appearing for the Case

Todd R. Marti, Atty. Reg. No. 0019280, Assistant Attorney General, Education Section, 30 East Broad Street, 16th Floor, Columbus, Ohio 43215, Attorney for Plaintiff-Appellant.

Chad A. Readler, Atty. Reg. No. 0068394 and Erik J. Clark, Atty. Reg. No. 0078732, 325 John H. Mcconnell Blvd., Suite 600, P. O. Box 165017, Columbus, Ohio. 43216, Attorneys for Defendant-Appellee New Choices Community School.

James S. Callender, Jr., Atty. Reg. No. 00597111, 1400 Fifth Third Building, 600 Superior Avenue East, Cleveland, Ohio 44114, Attorney for Amicus Curiae Ohio Association of Charter School Authorizers.

Elizabeth T. Smith, Atty. Reg. No. 0012075 and Michael J. Hendershot, Atty. Reg. No. 0081842, 52 East Gay Street, P. O. Box 1008, Columbus, Ohio 43216, Attorneys for Amicus Curiae National Alliance for Public Charter Schools and Ohio, Alliance for Public Charter Schools.

Albin Bauer, II, Atty. Reg. No. 0061245, One SeaGate, 24th Floor, P. O. Box 10032, Toledo, Ohio 43699, Attorney for Appellee St. Aloysius Orphanage.

Nicole M. Donovsky, Atty. Reg. No. 0072262, 2006 Kenny Road, Columbus, Ohio 43221, Attorney for Amici Curiae Ohio School Boards Association, Buckeye Association of School Administrators and Ohio Association of School Business Officials.

Rachelle Johnson, Atty. Reg. No. 0069215 and Linda Fiely, Atty. Reg. No. 0010053, Ohio Education Association, 225 East Broad Street, Columbus, Ohio 43215, Attorneys for Amicus Curiae OEA.

David G. Latanick, Atty. Reg. No. 0010376 and Sue A. Salamido, Atty. Reg. No. 0068043, 225 East Broad Street, Columbus, Ohio 43215, Attorneys for Amicus Curiae OEA.

Peter J. Rakay, Atty. Reg. No. 0011354 and Jerry A. Spicer, Atty. Reg. No. 0011385, 11 West Monument Bldg., Suite 307, Dayton, Ohio 45402, Attorneys for Amicus Curiae OEA.

OPINION

FROELICH, J.

{¶ 1} The Ohio Attorney General appeals from a judgment of the Montgomery County Court of Common Pleas, which granted the motions of New Choices Community School, St. Aloysius Orphanage, and the individual members of New Choices' Governing Authority for judgment on the pleadings, pursuant to Civ.R. 12(C), and overruled all remaining pending motions.

{¶ 2} In its judgment...

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