Layshock v. Phillips

Joseph E. Mahoney, Judge.

This appeal arises out of the Trumbull County Common Pleas Court, where the motion of appellees, Rudolph G. Phillips et al., to dismiss was granted pursuant to Civ.R. 12(B)(6).

On October 2, 1992, appellant, Patrick Layshock, the mayor of Newton Falls, Ohio, filed a complaint against appellees, five electors in the city of Newton Falls, alleging that they had maliciously and without probable cause instituted proceedings in the Trumbull County Probate Court seeking his removal from his elected position as mayor.

Appellees’ complaint for removal of appellant from office…