Hart v. City of Fairborn

Frederick N. Young, Judge.

Kelly Bartlett Hart is appealing the decision of the Common Pleas Court of Greene County, Ohio, to dismiss her appeal, pursuant to R.C. 2506.01, from a decision of the City of Fairborn Personnel Advisory Board. The board had held, without a hearing, that it did not have jurisdiction over Hart’s appeal to it from her termination as a deputy clerk in the Fairborn Municipal Court because she was an “unclassified” employee.

The trial court dismissed Hart’s appeal to it on the ground that she could prove no set of facts in support of her claim. Civ.R. 12(B)(6).

It is…