State ex rel. Scott v. Streetsboro
Annotate this CaseAfter the mayor of Streetsboro resigned, Arthur Scott was appointed to serve as acting mayor. Five months later, Scott was elected to serve for the remainder of the former mayor’s term. Following his reelection, Scott filed a petition for a writ of mandamus alleging that he was underpaid for his service as mayor and acting mayor and that he was entitled to compensation for unused vacation, sick, and personal leave. The court of appeals granted summary judgment in favor of Streetsboro. The Supreme Court affirmed in part and reversed in part, holding that the court of appeals (1) did not abuse its discretion in failing to grant Scott’s motion to strike several documents that Streetsboro attached to its response to Scott’s motion for summary judgment; (2) did not err in granting summary judgment to Streetsboro regarding Scott’s entitlement to additional pay for his service as acting mayor and as the elected mayor of the city; but (3) erred in granting summary judgment to Streetsboro as to Scott’s entitlement to compensation for unused vacation, sick, and personal leave. Remanded.
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