Malloy v. City of Westlake

The issue in the instant cause is whether failure to. serve the Attorney General with a copy of the proceeding in a declaratory judgment action challeng-. ing the constitutionality of an ordinance precludes the. Court of Common Pleas from rendering a judgment. Appellants contend that. Civ. R. 4, which does not require special service upon the Attorney General, supersedes the special service requirement of R. C. 272Í.Í2. We disagree.

The law is clear in Ohio that, special statutory provisions, if jurisdictional, are substantive laws of the state and cannot be abridged, enlarged, .or modified by…