Fleming v. St. Marys City

ROOF, P.J.,

Presently before the court is the appeal of plaintiff Thomas G. Fleming Jr. from the decision of the defendant City of St. Marys denying his appointment as city manager.

I. PROCEDURAL HISTORY

On January 7, 1994, Fleming filed a complaint for declaratory judgment seeking a judicial declaration that based upon his claimed entitlement to veteran’s pref*340erence he be appointed St. Marys city manager effective January 3, 1994. The city filed its answer and new matter to Fleming’s complaint on January 26, 1994, denying that the provisions of the Veteran’s Preference Act mandated the…