Sebastiani v. City of Youngstown

R. C. 2721.12 provides:

“When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration. ***In any proceeding which involves the validity of a municipal ordinance or franchise, the municipal corporation shall be made a party***, and if any* * * ordinance* **is alleged to be unconstitutional, the attorney general shall also be served with a copy of the proceeding and shall be heard.” (Emphasis added.)

In Malloy v. Westlake (1977), 52 Ohio St. 2d 103, this court held, in the syllabus, that “[failure to serve the…