Opinion

State ex rel. Mileff v. Mifflin Township

49 Ohio St. 3d 269
551 N.E.2d 978
1990 Ohio LEXIS 108

Court: Ohio Supreme Court
Filed: Mar 14, 1990
Status: Published
On the bench: Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
Cited by: 2 cases
Authority: More cited than 53.0%

The opinion

Per Curiam.

The decision of the court of appeals is reversed on the authority of State, ex rel. Temke, v. Outcalt (1977), 49 Ohio St. 2d 189 , 3 O.O. 3d 248, 360 N.E. 2d 701 . The matter is remanded to the court of appeals with instructions to allow appellants to file an answer per Civ. R. 12(A)(2)(a) and to conduct further proceedings consistent therewith.

Judgment reversed and cause remanded.

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

Douglas, J., dissents.

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