City of Middletown v. City Commission

A majority of the court entertains the view that where the solicitor of a municipality has instituted a suit for injunction under Section 4311, General Code, at the request of a taxpayer, and the court becomes satisfied that such solicitor is not proceeding in good faith or with due diligence, the court has the inherent power to allow interested taxpayers to become intervening parties to the action, who thereupon have the same rights to plead, participate in the proceedings and appeal as if they had been original parties.

A majority of the court is also of the opinion that the trial court in…