State ex rel. Kohl v. Dunipace

The issue before this court is whether the respondent has a right to the office of city solicitor by virtue of the requirement in R. C. 733.49 that a. “city solicitor” be “an elector of the (same) city,” which respondent admittedly is not. (Parenthetical material added.)

Respondent argues that Section 3, Article XVIII of the Constitution of Ohio, authorizes municipalities to establish requirements for its officers different from those set forth by statute, in which case respondent’s office would be governed by the charter of Perrysburg rather than by R. C. 733.49.

Section 3 of Article XVIII…