Ohio Supreme Court, 1980

State ex rel. Henderson v. Maple Heights Civil Service Commission

Ohio Supreme Court · Decided July 2, 1980 · Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney

63 Ohio St. 2d 39; 406 N.E.2d 1105; 17 Ohio Op. 3d 24; 1980 Ohio LEXIS 768

Cases that cite this one

10 later published cases cite this decision.

State Ex Rel. Lane v. City of Pickerington (Ohio 2011)
Adkins v. State Personnel Board of Review (Ohio Ct. App. 1986)
State ex rel. Mun. Constr. Equip. Operators' Labor Council v. Cleveland (Ohio Ct. App. 2013)
McNea v. City of Cleveland (Ohio Ct. App. 1992)
State Ex Rel. Burger King Corp. v. Village of Oakwood (Ohio Ct. App. 1991)
State ex rel. Cox v. Youngstown Civ. Serv. Comm. (Slip Opinion) (Ohio 2021)
State ex rel. Holloway v. Personnel Appeals Bd. (Ohio Ct. App. 2012)
Lane v. Pickerington (Ohio Ct. App. 2011)
State ex rel. Casale v. McLean (Ohio 1991)
State ex rel. Witsamen v. Maumee Valley Guidance Center, Inc. (Ohio 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The Court of Appeals, without discussion,

dismissed relator’s action because “[r]elator has an adequate remedy at law.” Presumably, the court was making reference to the procedure found in R. C. 124.34. Under that section, an employee who is being removed may appeal to the appropriate civil service commission and, if not satisfied, may then appeal to the Court of Common Pleas of the county in which that employee resides in accordance with R. C. Chapter 119.

A denial by the respondent civil service commission of jurisdiction of this controversy represented a final appealable order. When the commission refused relator’s request for a hearing, relator should have appealed to the Court of Common Pleas. Having failed to do so, and, thereby having failed to pursue his appellate remedies in the ordinary course of law, he cannot now collaterally attack this jurisdictional determination. See State, ex rel. Stough, v. Bd. ofEdn. (1977), 50 Ohio St. 2d 47, and State, ex rel. Bingham, v. Riley (1966), 6 Ohio St. 2d 263.

Accordingly, the judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Celebrezze, C. J., Herbert, W. Brown, P. Brown, Sweeney, Locher and Holmes, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.