Hungler v. City of Cincinnati

Initially, both parties to this appeal have assigned as error the appellate court’s determination to remand for further litigation the issue of the city manager’s authority to abolish positions in the complement of thirty-nine lieutenants funded through the mandate of city council.1 This issue was not raised either at trial or on appeal and, as the court of appeals itself pointed out, there was not sufficient basis in the record upon which the court could make a determination of error relative to it.

The authority of the appellate courts is carefully set forth in the Ohio Constitution and the…