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· 2/20/2025

State ex rel. Nguyen v. Lawson

Citations

  • 257 N.E.3d 157
  • 2025 Ohio 507
  • 178 Ohio St. 3d 260

Syllabus

Quo warranto—The burden to prove that laches applies generally falls on the party asserting the defense—Court of appeals erred in placing on relators-appellants the burden to prove that they had acted with the utmost diligence in asserting their claims—Quo warranto cases do not involve the election deadlines that justify shifting the burden of proving unreasonable delay from the respondent to the relator—Relators-appellants' complaint does not conclusively show that laches applies—Court of appeals' dismissal of complaint on basis of laches reversed and cause remanded.

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