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

Ohio Supreme Court·Decided May 3, 1989·No. No. 89-199·Published

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.

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

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