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CINCINNATI v. FOURTH NAT. REALTY

No. 2019-0898.

170 N.E.3d 832 (2020)

163 Ohio St.3d 409

2020-Ohio-6802

The City of CINCINNATI, Appellant, v. FOURTH NATIONAL REALTY, L.L.C., Appellee, et al.

Supreme Court of Ohio.

Decided December 22, 2020.

Attorney(s) appearing for the Case

Paula Boggs Muething, Cincinnati City Solicitor, Marion E. Haynes III, Chief Counsel, and Mark R. Manning, Assistant City Solicitor, for appellant.

Holzapfel Law, L.L.C., and Eric C. Holzapfel, for appellee.

Dave Yost, Attorney General, Benjamin M. Flowers, Solicitor General, and Stephen P. Carney, Deputy Solicitor General, in support of neither side for amicus curiae, Ohio Attorney General Dave Yost.

{¶ 1} When a party seeks a declaratory judgment that a statute or municipal ordinance is unconstitutional, R.C. 2721.12 requires the party to serve its pleading on the Ohio Attorney General. This case requires us to decide when the attorney general must be served. Appellant, city of Cincinnati, argues that R.C. 2721...

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