State Ex Rel. Calvaruso v. Brown

{¶ 41} While I agree that quo warranto cannot be used to oust Brown from an “acting chief of police” position, because that position is a temporary assignment rather than a public office, I respectfully dissent from the majority’s holding that Brown is not a “de facto deputy chief’ and therefore cannot be ousted through an action in quo warranto. I would grant the writ.

{¶ 42} The majority relies on the proposition that quo warranto will not test the legality of a public officer’s official action. State ex rel. Berry v. Tackett, 60 Ohio St.2d 12, 396 N.E.2d 743 (1979). Yet that is not the…