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STATE EX REL. BIANCHI v. KENT CITY SCHOOL DIST. BD. OF EDN.

No. 2010-P-0038.

2011 Ohio 526

State of Ohio Ex Rel. Michele D. Bianchi, Relator, v. Kent City School District Board of Education, Respondent.

Court of Appeals of Ohio, Eleventh District, Portage County.

February 4, 2011.

Attorney(s) appearing for the Case

Matthew M. Banal , 6805 Oak Drive, Columbus, OH 43229 (For Relator).

David S. Hirt and Sherrie C. Massey , Britton, Smith, Peters & Kalail Co., L.P.A., 3 Summit Park Drive, #400, Cleveland, OH 44131-2582 (For Respondent).

OPINION

CYNTHIA WESTCOTT RICE, J.

{¶ 1} This action in mandamus is presently before this court for consideration of the motion to dismiss of respondent, the Kent City School District Board of Education. As the primary grounds for its motion, respondent maintains that the petition of relator, Michele D. Bianchi, fails to state a viable claim for the writ because her own allegations establish that she does not have a legal right to be rehired...

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