Moeller v. City of Miamisburg, 22261 (3-28-2008)

OPINION

{¶ 1} Marvin Moeller appeals from a judgment of the Montgomery County Court of Common Pleas, which granted summary judgment in favor of the City of Miamisburg on his complaint for age discrimination and violations of the civil service rules in the selection of the City's Fire Lieutenant. The court also granted summary judgment in favor of Miamisburg on Moeller's request for a writ of mandamus appointing him to the position of Fire Lieutenant.

{¶ 2} Moeller has been employed in the Miamisburg Fire Department since 1982. In 2005, the City posted, and Moeller applied for, the position of…