Popson v. Henn

This is an appeal from the Ottawa County Court of Common Pleas, wherein that court, by judgment entry of February 6,1984, dismissed appellants’ complaint pursuant to Civ. R. 12(B)(6) for failing to state a claim upon which relief could be granted.

The instant case is a taxpayers’ action initiated under the authority of R.C. 5705.45. The relevant operative facts are set forth below.

On September 12, 1983, counsel for appellants Popson, Howell, and Zafiru sent a letter to appellee George Wilber, Law Director of the city of Port Clinton. This letter stated that appellants had taken exception to…