Legal Opinion · Dissent

State Ex Rel. Municipal Construction Equipment Operators' Labor Council v. City of Cleveland

Ohio Supreme Court

Decided October 9, 2014No. 2013-0394Published

1DissentLanzinger, J.

*120{¶ 42} While I agree that the Cleveland Civil Service Commission should have handled its termination of Jeffrey Milum’s employment with the city of Cleveland in a more satisfactory manner, I dissent from the majority’s decision and would hold that Milum is not entitled to the extraordinary legal remedy of mandamus.

I. Case Background

{¶ 43} The record in this case presents a complex and sometimes confusing sequence of events that detail Milum’s attempts to secure his continued employment with the city. A review of the facts relevant to the specific relief sought by Milum in this mandamus action…

2Cases cited3 opinions

  1. State ex rel. Waters v. SpaethOhio Supreme Court · 2012
  2. State ex rel. Cleveland v. Astrab (Slip Opinion)Ohio Supreme Court · 2014
  3. State ex rel. Mun. Constr. Equip. Operators' Labor Council v. ClevelandOhio Court of Appeals · 2013

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