Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Monday, September 26, 2005

9/26/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MERIT DECISIONS WITH OPINIONS

2005-1616.
State ex rel. N. Main St. Coalition v. Webb, 2005-Ohio-5009.
In Mandamus. Writ granted.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger,
JJ., concur.
O'Donnell, J., dissents.

MOTION AND PROCEDURAL RULINGS

2005-1789.
State ex rel. John Q. Public v. Etna Twp. Bd. of Trustees.

In Mandamus. This cause originated in this court on the filing of a complaint for a
writ of mandamus. With the filing of the complaint, relator also filed a motion for
an order appointing a special process server. S.Ct.Prac.R. X(4)(A) requires the
Clerk of this court to serve complaints in original actions. Notwithstanding
Civ.R.4.1(B), the Rules of Practice control the procedure in original actions before
this court. See S.Ct.Prac.R. X(2). Accordingly,
IT IS ORDERED by the court that the motion to appoint a process server is
denied. The Clerk of this court shall serve the complaint by certified mail in
accordance with S.Ct.Prac.R. X(4)(A).
IT IS FURTHER ORDERED that relator is not precluded from making
personal service of the complaint; however, respondents' time to file a responsive
pleading under S.Ct.Prac.R. X(5) shall be calculated from the date of service of the
complaint by the Clerk.

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