Zavisin v. City of Loveland

I respectfully dissent from the majority’s opinion and would affirm the court of appeals’ decision below.

The facts in this case do not parallel the situations that occurred in cases upon which the majority relies. There is no evidence of the “demotionrepromotion shell game” used to illegally eliminate a position as existed in Hungler v. Cincinnati (1986), 25 Ohio St. 3d 338, 25 OBR 392, 496 N.E. 2d 912, and in Vogeler v. Cincinnati (1984), 16 Ohio App. 3d 393, 16 OBR 462, 476 N.E. 2d 676. Nor is there any evidence of abuse of discretion as in State, ex rel. Bardo, v. Lyndhurst (1988), 37 Ohio…