McNichols v. City of Wellston

CLEMENS, Senior Judge.

Action by discharged police officer against the City of Wellston, alleging wrongful summary discharge and resultant $50,000 damages. The trial court dismissed the petition for failure to state a claim and plaintiff appeals.

Here, plaintiff shifts gears from his damage claim and now contends the court erred in dismissing his petition — which he erroneously characterizes as a claim for reinstatement — because the city’s ordinance No. 240 retained appointed police officers for indefinite terms and permitted their removal only by notice and hearing.

Defendant city does not…