State ex rel. Feltner v. Cuyahoga Cnty. Bd. of Revision, 2018-1307

• Decision Date: 20 March 2019
• Docket Number: 2018-1307
• Citation: 2019 Ohio 943,155 Ohio St.3d 1403,119 N.E.3d 431 (Table)
• Parties: STATE EX REL. FELTNER v. CUYAHOGA CTY. BD. OF REVISION
• Court: Ohio Supreme Court

155 Ohio St.3d 1403

119 N.E.3d 431 (Table)

2019 Ohio 943

STATE EX REL. FELTNER

v.CUYAHOGA CTY. BD. OF REVISION

2018-1307

Supreme Court of Ohio.

March 20, 2019

MERIT DECISION WITHOUT OPINION

Sua sponte, alternative writ granted as to counts I and III against respondents Cuyahoga County Board of Revision, Armond Budish, Dennis G. Kennedy, and Michael Gallagher. The motion to dismiss of the Cuyahoga County respondents is granted as to all remaining counts in the complaint. The following briefing schedule is set for presentation of evidence and filing of briefs as to counts I and III pursuant to S.Ct.Prac.R. 12.05: The parties shall file any evidence they intend to present within 20 days, relator shall file a brief within 10 days after the filing of the evidence, respondents shall file briefs within 20 days after the filing of relator's brief, and relator may file a reply brief within 7 days after the filing of respondents' briefs. Motions to dismiss of respondents Cuyahoga County Land Reutilization Corporation and Ohio Attorney General and motion to dismiss of Cuyahoga County respondents as to W. Christopher Murray II, and Cuyahoga County are granted, and these respondents are dismissed as parties from the case. Sua sponte, case to be scheduled for oral argument before the full court.

O'CONNOR, C.J., and KENNEDY, FRENCH, and DONNELLY, JJ., concur.

FISCHER, J., would also grant an alternative writ as to counts V and VI.

DEWINE, J., dissents and would grant respondents' motions to dismiss in full.

STEWART, J., not participating.