State Ex Rel. Kenney v. City of Toledo
Case Details
- Judge(s)
- Mayle
- Status
- Published
- Procedural Posture
- Appeal; writ of mandamus granted in part
Related Laws
No specific laws identified for this ruling.
Outcome
Court granted writ of mandamus requiring City of Toledo to pay employee pension pick-ups under municipal code, while denying relief for health insurance premiums. Six-year statute of limitations applied rather than two-year limitation.
Excerpt
Six-year statute of limitations in R.C. 2305.07 applies because case does not involve "payment of unpaid minimum wages," as required for application of two-year statute of limitations in R.C. 2305.11(A). Appellees' claims not barred by laches when appellant did not show material prejudice because of the delay. Municipal code entitles appellees to payment for pension pick-ups, but not health insurance premiums, so court properly issued writ of mandamus for pension pickups and not premiums.
Similar Rulings
Duhart. Summary judgment properly granted because there exists no genuine issue of material fact regarding: 1) the unconstitutional taking claim; 2) due process claims; 3) the vagueness claim; or 4) the retaliation claim. Appellant's claim regarding the failure to exhaust administrative remedies is moot.
Mandamus to compel State Employment Relations Board either to find that relator's unfair labor practice charge was timely filed and proceed with a hearing or consider the facts concerning the timeliness question and issue an explanation setting forth its rationale—Writ denied, when.
Appellate procedure—Court of appeals' decision in mandamus action ordering cause returned to magistrate for a determination on the merits appealed to Supreme Court—Appeal dismissed by Supreme Court for want of prosecution—Dismissal of mandamus action by court of appeals for lack of jurisdiction reversed and cause remanded to court of appeals for a consideration of the merits of relator's mandamus action.
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