STATE EX REL. CITY OF NORTH CANTON v. STARK CTY. BD. OF CTY. COMMRS.

No. 2009-CA-00132.

2009 Ohio 6942

State ex rel. City of North Canton, et al, Plaintiffs-Relators/Appellant, v. Board of County Commissioners of Stark County, Defendants-Respondents/Appellees.

Court of Appeals of Ohio, Fifth District, Stark County.

DATE OF JUDGMENT ENTRY: December 28, 2009.


Attorney(s) appearing for the Case

Kevin R. L'Hommedieu, Jason P. Reese, Canton City Law Department, 218 Cleveland Avenue S.W., Canton, OH 44701-4218, for — Appellee — City of Canton.

Michael Thompson, 4571 Stephen Circle N.W., Ste. 130, Canton, OH 44718, for — Appellee Board of Trustees of Jackson Township.

Kimberly J. Brown, Jennifer A. Flint, 100 South Third Street, Columbus, OH 43215-4291, for —Appellant — City of North Canton.

Christopher J. Goldthorpe, 849 West Maple, Hartville, OH 44632, for — Appellant — Dan J. Fosnaught.

Stephen W. Funk, 222 South Main St., Ste. 400, Akron, OH 44308, for — Appellee — Metro Regional Transit.

Before: Hon. Sheila G. Farmer, P.J., Hon. W. Scott Gwin, J., Hon. John W. Wise, J.


OPINION

GWIN, J.

{¶1} Plaintiffs-Relators/appellants the City of North Canton, Ohio, and Dan J. Fosnaught appeal a judgment of the Court of Common Pleas of Stark County, Ohio, which granted the motion to dismiss filed by defendants-respondents/appellees, Metro Regional Transit Authority, the City of Canton and the Boards of Trustees of Jackson and Plain Townships. The court also granted summary judgment in favor of appellees and overruled...

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