State ex rel. Corrigan v. Haberek

Summary judgment is appropriate in actions in quo warranto. State, ex rel. Highland Heights, v. Kee (1975), 42 Ohio St. 2d 234, 71 O.O. 2d 219, 327 N.E. 2d 770; State, ex rel. Corrigan, v. Gillon (1980), 64 Ohio St. 2d 135, 18 O.O. 3d 365, 413 N.E. 2d 828. The standard which governs a motion for summary judgment is set forth in Civ. R. 56(C). That rule provides:

“* * * Summary judgment shall be rendered forthwith if the pleading, * * * written admissions, affidavits, transcripts of evidence in the pending case, and written stipulations of fact, if any, timely filed in the action, show that…