Ohio Court of Appeals May 3, 1991, No. 90FU000005. (Merillat v. Board of County Commissioners)

Per Curiam.

This case comes on appeal from a judgment of the Fulton County Court of Common Pleas which granted defendant-appellee’s motion for summary judgment and dismissed, with prejudice, plaintiff-appellant’s cause of action.

Appellant, Randy Merillat, filed a timely notice of appeal from that judgment. He asserts the following assignments of error:

“I. Appellant did file appeal timely.

“II.