Legal Opinion

State ex rel. Pell v. City of Westlake

Ohio Supreme Court

Decided December 30, 1980No. 80-487PublishedCited by 14 opinions

1Per curiam

The threshold question is whether appellant is the sole person eligible for the promotion to the position of sergeant. We begin the analysis by recognizing that the charter of a city, as approved by the residents of that city, represents the framework within which the city government must operate. Cleveland, ex rel. Neelon, v. Locher (1971), 25 Ohio St. 2d 49.

In this case, Section 12(d) of Article IY of the Charter of Westlake2 requires the civil service commission to act in accordance with the “general law” of this state, where that general law does not conflict with the charter itself. The…

2Cases cited4 opinions

  1. City of Cleveland ex rel. Neelon v. LocherOhio Supreme Court · 1971
  2. State ex rel. Clark v. KrouseOhio Supreme Court · 1977
  3. State ex rel. Finn v. City of Garfield HeightsOhio Supreme Court · 1973
  4. State ex rel. Brown v. East Cleveland Civil Service CommissionOhio Supreme Court · 1979

3Cited by14 opinions

  1. State ex rel. Bardo v. City of LyndhurstOhio Supreme Court · 1988
  2. Morgan v. City of CincinnatiOhio Supreme Court · 1986
  3. Hungler v. City of CincinnatiOhio Supreme Court · 1986
  4. State ex rel. Gibbons v. City of ClevelandOhio Supreme Court · 1984
  5. McCarter v. City of CincinnatiOhio Court of Appeals · 1981

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