Lapolla ex Youngstown v. Davis

OPINION

By FORD, J.

This is a suit in equity brought by a taxpayer under §4314 GC and seeking to restrain the payment of future saiary to the defendant, Allen, as Chief of Police of the City of Youngstown. The basis of plaintiff’s claim is that Allen is but a de facto officer; that he was illegally appointed *492by the Mayor in that, (1) the office to which he was appointed requires its incumbent under the Ohio Constitution, Article XV, Section 4, to have the qualifications of an elector, which he did not have, and (2) that the office is in the competitive classified service under §486-8 GC and…