Young v. Cuyahoga Cty. Bd. of Mental Retardation & Dev. Disabilities

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Young v. Cuyahoga Cty. Bd. of Mental Retardation & Dev. Disabilities, Slip Opinion No. 2012Ohio-1222.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2012-OHIO-1222 YOUNG, APPELLEE, v. CUYAHOGA COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, APPELLANT, ET AL. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Young v. Cuyahoga Cty. Bd. of Mental Retardation & Dev. Disabilities, Slip Opinion No. 2012-Ohio-1222.] Court of appeals judgment vacated, and cause remanded for application of DiGiorgio v. Cleveland. (No. 2011-1073 Submitted March 21, 2012 Decided March 27, 2012.) APPEAL from the Court of Appeals for Cuyahoga County, No. 95955, 2011-Ohio-2291. __________________ {¶ 1} The judgment of the court of appeals is vacated, and the cause is remanded to the court of appeals for application of the Eighth District s en banc decision in DiGiorgio v. Cleveland, 8th Dist. No. 95945, 2011-Ohio-5824. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ SUPREME COURT OF OHIO Spangenberg, Shibley & Liber, L.L.P., Peter J. Brodhead, Stuart E. Scott, Nicholas A. Dicello, and Melissa Z. Kelly; and Mark S. Fishman, for appellee. Tomino & Latchney, L.L.C., L.P.A, and Nick C. Tomino, for appellant. ______________________ 2

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