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Published: Thursday, 4/27/2006

High court drops complaint against McCloskey, Shultz

The Ohio Supreme Court yesterday dismissed a complaint seeking to throw out last year's elections of Toledo City Councilmen Bob McCloskey and Betty Shultz.

David Schulz, who lost a bid for election to council in 2005, filed suit in February alleging that both candidates had served the maximum three four-year terms the city charter allows.

The court dismissed the case without comment by six of the seven justices. Justice Judith Ann Lanzinger of Toledo did not participate, a court spokesman said.

Mr. Schulz said he was disappointed by the court's decision, but said he would continue his efforts to change the city's charter to eliminate what he contends is a loophole.

Mrs. Shultz, who is Republican, and Mr. McCloskey, who is a Democrat, were first elected in 1993 to district council seats. But each switched from a district to an at-large seat during one of their terms - Mrs. Shultz in 1997 and Mr. McCloskey in January.

If Mrs. Shultz finishes her current term, she will have served 16 years.

Mr. McCloskey, who is facing bribery allegations in Lucas County Common Pleas Court, submitted his resignation yesterday, effective next Tuesday.

The city charter says a councilman can serve a maximum of three four-year terms. Former City Law Director Barb Herring ruled that the partial terms did not count as four-year terms.



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