Mayfield Heights Fire Fighters Ass'n v. DeJohn

Porter, Judge.

Plaintiffs-appellants Mayfield Heights Fire Fighters Association, Local 1500, I.A.F.F. (“the Union”) and four individual fire fighters employed by the Mayfield Heights Fire Department appeal from the trial court’s order granting defendants’ motion to dismiss for lack of subject matter jurisdiction and failure to state a claim. Defendants-appellees are the Mayor and Civil Service Commission of Mayfield Heights. Plaintiffs, filing suit as taxpayers, challenged the legality of the Mayor’s action in appointing a fireman from the ranks to serve as Acting Lieutenant, later becoming…