State ex rel. Corrigan v. Masten

Ohio Supreme Court

State ex rel. Corrigan v. Masten

538 N.E.2d 372, 43 Ohio St. 3d 66, 1989 Ohio LEXIS 138

CourtOhio Supreme Court

DecidedMay 3, 1989

DocketNo. 89-199

StatusPublished

This text of 538 N.E.2d 372 (State ex rel. Corrigan v. Masten) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Corrigan v. Masten, 538 N.E.2d 372, 43 Ohio St. 3d 66, 1989 Ohio LEXIS 138 (Ohio 1989).

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Opinion

Per Curiam.

Respondent has not challenged the allegations of the complaint, and relator has proved respondent’s convictions by submitting a copy of the judgment entered in State of Ohio v. Armond Masten (Oct. 12, 1984), Cuyahoga C.P. No. CR-190206, unreported. Accordingly, on the authority of State, ex rel. Corrigan, v. Haberek (1988), 35 Ohio St. 3d 150, 518 N.E. 2d 1206, we find that respondent is holding a seat on the Linndale Village Council unlawfully. We therefore grant relator’s motion for summary judgment and issue a writ of quo warranto ordering respondent’s immediate removal from the Linndale Village Council.

Judgment accordingly.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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Per Curiam.

Respondent has not challenged the allegations of the complaint, and relator has proved respondent’s convictions by submitting a copy of the judgment entered in State of Ohio v. Armond Masten (Oct. 12, 1984), Cuyahoga C.P. No. CR-190206, unreported. Accordingly, on the authority of State, ex rel. Corrigan, v. Haberek (1988), 35 Ohio St. 3d 150, 518 N.E. 2d 1206, we find that respondent is holding a seat on the Linndale Village Council unlawfully. We therefore grant relator’s motion for summary judgment and issue a writ of quo warranto ordering respondent’s immediate removal from the Linndale Village Council.

Judgment accordingly.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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Bluebook (online)

538 N.E.2d 372, 43 Ohio St. 3d 66, 1989 Ohio LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-corrigan-v-masten-ohio-1989.

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