# State ex rel. Pell v. City of Westlake

> Ohio Supreme Court · December 30, 1980 · 64 Ohio St. 2d 360

URL: https://www.frixlaw.com/law-library/cases/6757100

## Case

- **Full name:** The State, ex rel. Pell v. City of Westlake
- **Court:** Ohio Supreme Court
- **Decided:** December 30, 1980
- **Citations:** 64 Ohio St. 2d 360; 18 Ohio Op. 3d 514; 415 N.E.2d 289; 1980 Ohio LEXIS 886
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Brown, Celebrezze, Dowd, Holmes, Locher, Sweeney
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6757100

## Opinion text

William B. Brown, J.,
dissenting. In my judgment, the threshold question is whether there was a vacancy for the position of sergeant in fiscal year 1979. Because I believe that the instant cause is governed by State, ex rel. Finn, v. Garfield Heights (1973), 34 Ohio St. 2d 5 , and because it is of no consequence that the sergeant’s position was already in existence, I would find that council did not appropriate the funds for appellant’s promotion. Therefore, there was no vacancy.
Celebrezze, C. J., and Holmes, J., concur in the foregoing dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757100. Public record. Not legal advice.