Incorporated Village of Hicksville v. Blakeslee

Citations

• 103 Ohio St. (N.S.) 508

Syllabus

<p>Office and officers — Civil liability — >Municipal councilmen — Exercise of legislative discretion — ■Voting for unlawful legislation — Notice and knowledge — ■Limitation of legislative power — Illegal commission for sale of bonds.</p> <p>1. A resolution of a village council providing for the sale of the municipality’s bonds is legislative in its nature, and the act of an individual member of council in voting for or against such resolution is the exercise of legislative discretion by such member.</p> <p>2. The members of a municipal council, when acting in good faith, are exempt from individual liability for the 'exercise of their legislative discretion in voting, as such members of council, for . or against any proposed legislation before them for consideration.</p> <p>3. The fact that the proposed legislation is prohibited by law does not make it any the less legislative in its nature.</p> <p>4. All persons dealing with a municipality are bound to know the statutory limitations upon the legislative power of its legislative body, and upon subjects in excess of such power they deal with it at their peril.</p>