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· 10/13/2020

State ex rel. Henderson v. New Richmond

Citations

  • 160 N.E.3d 349
  • 2020 Ohio 4875

Syllabus

Appellant, former village police corporal, filed administrative appeal of village council ordinance that eliminated position of corporal within police department. Appellant also asserted various other causes of action against the village stemming from the elimination of his position. Appellant had no right to appeal village council's adoption of the ordinance. R.C. Chapter 2506 permits appeals of administrative decisions by political subdivisions legislative acts are not appealable. Village did not violate R.C. 737.19(B), which sets forth procedures for suspending or removing village police officers for cause. Appellant was not removed or terminated from his position position was legislatively eliminated. Appellant failed to plead a due process claim where he could not establish any property right in his former position.

Judges: Piper

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