Village of Marysville v. Boerger

The question here presented is whether the city manager of the village of Marysville, a charter village, has the power to bring an injunctive action under Section 713.13, Revised Code, to enjoin an alleged use violation of the village zoning ordinance, without specific authorization by the village council. The court below held that such authorization by council was required and that this action should be dismissed because the city manager had no authority to bring it.

We have been able to find only one Ohio case explicitly dealing with the power of a municipal officer to institute suit in the…