State ex rel. Gains v. Rossi

Gains asserts that the court of appeals erred in denying the writ of quo toarranto. In order to be entitled to the requested writ of quo warranto, Gains had to establish that Rossi should be ousted from his office of village councilman because he had usurped, intruded into, or unlawfully held or exercised the office. R.C. 2733.01(A) and 2733.14; State ex rel. Watkins v. Fiorenzo (1994), 71 Ohio St.3d 259, 643 N.E.2d 521.

The version of R.C. 2961.01 in effect when Rossi took office provided:

“A person convicted of a felony under the laws o/this or any other state or the United States, unless his…