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STATE EX REL. CURTIN v. OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM

No. 09AP-801.

2011 Ohio 2536

State of Ohio ex rel. Robert E. Curtin, Relator, v. Ohio Public Employees Retirement System and The City of Grove City, Ohio, Respondents.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on May 26, 2011.

Attorney(s) appearing for the Case

Hrabcak & Company, L.P.A., Michael Hrabcak , and Heidi A. Smith , for relator.

Michael DeWine , Attorney General, and Hilary R. Damaser , for respondent Ohio Public Employees Retirement System.

Schottenstein, Zox & Dunn, LPA, Stephen J. Smith, Jr. , Paul L. Bittner , Aaron L. Granger , and David T. Ball , for respondent The City of Grove City, Ohio.

DECISION

BROWN, J.

{¶1} Relator, Robert E. Curtin, has filed an original action requesting that this court issue a writ of mandamus ordering respondent, Ohio Public Employees Retirement System ("OPERS"), to vacate its decision denying him the status of public employee while he was employed part-time, from 1989 through 2005, as an assistant income tax administrator for respondent, city of Grove City, Ohio ("Grove City"), and to enter an...

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