Legal Opinion

Spencer v. City of Dayton

Ohio Court of Appeals

Decided April 24, 1975No. 4809PublishedCited by 4 opinions

1Opinion of the CourtMcBride, J.

This action was commenced by a group of police officers against the city of Dayton, the city manager, the chief of police and the civil service board and its members. Since the civil service board cannot change its rules under the charter, except upon the approval of the city commission, the action appears to be primarily against the municipality. All defendants were represented by counsel for the city.

The plaintiffs sought to restrain a competitive civil service examination and a plan to make promotions allegedly in violation of the charter, the rules of the civil service board and the…

2Cases cited3 opinions

  1. State ex rel. Mikus v. HirbeOhio Supreme Court · 1966
  2. State ex rel. Polen v. WymerOhio Supreme Court · 1973
  3. Fraternal Order of Police v. City of DaytonOhio Court of Appeals · 1973

3Cited by4 opinions

  1. State ex rel. Fraternal Order of Police v. City of DaytonOhio Supreme Court · 1977
  2. Cotton v. City of ElmaCourt of Appeals of Washington · 2000
  3. Smith v. City of DaytonDistrict Court, S.D. Ohio · 1993
  4. Cotton v. City of ElmaCourt of Appeals of Washington · 2000

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