State Ex Rel Homan v. Cincinnati, C-080099 (10-24-2008)

DECISION.

{¶ 1} John Homan was a police officer in Cincinnati. He claimed that he had a legal right to be promoted to police sergeant. Homan sued the city and moved for summary judgment, seeking a writ of mandamus to compel his promotion. The city also moved for summary judgment. The trial court refused to issue the writ and entered summary judgment for the city. We affirm.

I. Court Order Based on Contingency

{¶ 2} In November 2002, Homan took the promotional exam for police sergeant. Shortly thereafter, the Civil Service Commission approved and posted promotional eligible list 02-52. The list…