State ex rel. White v. City of Cleveland

Appellants submit two propositions of law, either of which, if accepted by this court, would bar the exercise of the trial court’s discretion in considering the award of attorney fees..

Appellants’ first proposition of law urges that the present action is not a taxpayer’s action within the meaning of R. C. 733.59.

This court has defined the word “taxpayer,” as used in R. C. 733.59, in State, ex rel. Nimon, v. Springdale (1966), 6 Ohio St. 2d 1. Paragraph two of the syllabus states:

“The word, ‘taxpayer,’ as used in Section 733.59, Revised Code, contemplates and includes any person who, in a…