Opinion

State ex rel. Borsuk v. City of Cleveland

  • 28 Ohio St. 2d 224
  • 57 Ohio Op. 2d 464
  • 277 N.E.2d 419
  • 1972 Ohio LEXIS 520
Court
Ohio Supreme Court
Filed
Jan 5, 1972
Status
Published
Author
Leach
On the bench
Article, Brenneman, Constitution, Corrigan, Directed, Duncan, Fourth, Herbert, Leach, Neill, Ninth, Ohio, Place, Pursuant, Resignation, Schneider, Stead, Stephenson, Stern, Supreme
Cited by
27 cases

The opinion

Leach, J.,

concurring. While I am in essential agreement with the opinion by Judge Stephenson, I would also place emphasis on the fact that, although one branch of municipal government cannot appeal to the courts from a ruling by another branch of the same government, in the absence of specific statutory authority, the Director of Public Safety of Cleveland by purporting to appeal the order of the Cleveland Civil Service Commission of October 3, 1966, very effectively precluded an orderly hearing by the commission of the director’s request for rehearing. Moreover, whether the reasons stated by the commission in refusing a rehearing on October 17, 1966, were or were not legally sound, the inescapable fact is that it did refuse a rehearing. Thus, the rehearing application is not still pending before the commission awaiting decision, as respondents assert, and the order of October 3, 1966, has long since become a final order of the commission.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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