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CITY OF SHAKER HTS., EX REL. CANNON v. DeFRANCO

No. 98063.

2012 Ohio 3965

CITY OF SHAKER HEIGHTS, EX REL. CANNON, ET AL., PLAINTIFFS-APPELLEES, v. SYLVIA DEFRANCO, ET AL., DEFENDANTS-APPELLANTS.

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

Released and Journalized: August 30, 2012.

Attorney(s) appearing for the Case

Maurice A. Thompson , Christopher B. Burch , 1851 Center for Constitutional Law, 208 E. State Street, Cleveland, OH 43215, Attorneys for Appellant.

Stephen L. Byron , Ice Miller, LLP, 4230 State Route 306, Suite 240, Willoughby, OH 44094, Margaret A. Cannon , Jonathon W. Groza , Ice Miller, LLP, 600 Superior Avenue, East, Suite 1701, Cleveland, OH 44114, William M. Ondrey Gruber , Interim Director of Law, City of Shaker Heights, 3400 Lee Road, Shaker Heights, OH 44120, Attorneys for Appellee The City of Shaker Heights.

Laura A. Abrams , The Abrams Law Firm LLC, 365 Wood Street, Batavia, OH 45103, Attorney for Appellee Springfield Township.

Franklin A. Klaine, Jr. , Joseph J. Braun , Strauss & Troy, The Federal Reserve Building, 150 East 4th Street, Cincinnati, OH 45202-4018, Attorneys for Appellee The City of Loveland.

Robert F. Jacques , City of Oakwood Law Department, 30 Park Avenue, Dayton, OH 45419, Attorney for Appellee The City of Oakwood.

L. James Juliano, Jr. , Matthew T. Fitzsimmons, III , Nicola, Gudbranson & Cooper, LLC, Republic Building, 25 W. Prospect Avenue, Suite 1400, Cleveland, OH 44115, Attorneys for Appellees Robert H. Baker, In His Official Capacity Only, As Fiscal Officer for The Council To Protect Ohio's Communities and The Council to Protect Ohio's, Communities.

BEFORE: Stewart, P.J., Cooney, J., and S. Gallagher, J.

JOURNAL ENTRY AND OPINION

MELODY J. STEWART, P.J.

{¶1} The city of Shaker Heights, the city of Loveland, the city of Oakwood, and Springfield Township (Hamilton County) (collectively referred to as "the governments"), instituted this declaratory judgment action in response to the demand of taxpayer-appellee Sylvia DeFranco, seeking a declaration regarding their participation in the Council to Protect Ohio's Communities ("CPOC"), a regional...

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