Ohio Supreme Court June 23, 1976, No. 76-98 (State ex rel. City of Garfield Heights v. Nadratowski)

Per Curiam.

Respondent contends that summary judgment is not now appropriate inasmuch as the status of Garfield Heights as a charter city is in issue. No affidavits or other evidentiary support is submitted by respondent to support his denial of the cotnplaint’s allegation relating' to the adoption of a charter by the "electors of Garfield Heights. Thus, respondent has failed to comply with Civ.