City of Cuyahoga Falls v. Robart

Upon review, we hold that the trial court properly entered judgment against plaintiffs on the taxpayer and declaratory judgment actions. The court of appeals therefore erred in reversing the trial court’s judgment in part.

The first question we address is whether the taxpayer action was timely filed. The taxpayer action was presumably brought pursuant to R.C. 733.59. Plaintiffs have not referred this court to any other statutory basis for the taxpayer action. R.C. 733.59 authorizes a taxpayer to institute suit in his own name on behalf of the city to enjoin the misapplication of city funds,…