COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                         COUNTY OF CUYAHOGA
                             NO. 71141
                                   :      ORIGINAL ACTION
STATE OF OHIO, EX REL. FRATERNAL   :      
ORDER OF POLICE #57, ET AL.        :
                                   :       JOURNAL ENTRY
          Relators                 :
                                   :            and
     v.                            :
                                   :          OPINION
ORANGE VILLAGE, ET AL.             :
                                   :
                                   :
          Respondents              :
                                   :
                                   :
DATE OF ANNOUNCEMENT 
OF DECISION:                       AUGUST 30, 1996
CHARACTER OF PROCEEDING:           WRIT OF MANDAMUS
JUDGMENT:                          Writ allowed. 
DATE OF JOURNALIZATION:            __________________________
APPEARANCES:
For Relators:                      For Respondent: 
ROBERT M. PHILLIPS, ESQ.           BARRY BYRON, ESQ.
LANDSKRONER & PHILLIPS             Interstate Square Bldg. I
1040 Illuminating Building         4230 State Route 306
55 Public Square                   Willoughby, Ohio  44094
Cleveland, Ohio  44113-1904
                               - 2 -
KARPINSKI, P.J.:
     Evidentiary  hearing  held.   Writ  of mandamus  is allowed.
State  ex rel. Brookpark Entertainment, Inc. v. Cuyahoga Cty. Bd.
of Elections (1991),  60 Ohio St. 3d. 44.   Upon consideration of
the parties' briefs, the Answer of the respondents, the arguments
of counsel,  and exhibits, we find that the Petition to Alter the
Charter   of  Orange   Village   comports   with  the   statutory
requirements of R.C.  3501.38 and the  requirements of Article  X
and Article VII, Section 5 of the Charter of Orange Village.  The
plain  and  ordinary meaning  of  the circulator's  affidavit, as
contained  in the  Petition,  clearly and  unambiguously provides
that to the best  of the circulator's knowledge and  belief, each
signature was the valid  signature of a qualified voter.   Morris
v. Macedonia City Council (1994), 71 Ohio St. 3d 52.  Respondents
are ordered to  undertake and fulfill all  necessary requirements
so that the Petition to Alter the Charter of  the municipality of
Orange Village, Ohio is certified to the Cuyahoga County Board of
Elections.  State ex rel. Polcyn  v. Burkhart (1973), 33 Ohio St.
2d  7; State  ex rel. Sharpe  v. Hitt  (1951), 155 Ohio  St. 529;
State ex rel. King v. Portsmith (1986), 27 Ohio St. 3d 1.
     Forthwith,  respondent-Clerk  of  Council, Joyce  Potts,  is
ordered to  certify the Charter  Amendment Petition, as  filed by
the  relators  on or  about August  6,  1996, to  the respondent-
Village  Council.  Respondent-Village  Council is further ordered
to  certify  the  aforesaid  Charter  Amendment Petition  to  the
                               - 3 -
Cuyahoga County Board of Elections.   Respondents are ordered  to
comply with this judgment no later  than September 6, 1996, 12:00
p.m.
     Relators' oral  motion for  attorney fees is  denied.   Writ
allowed.  Respondents to bear all costs. 
     IT IS SO ORDERED.
JAMES M. PORTER, J., and      
JOSEPH J. NAHRA, J., CONCUR.  
                                           DIANE KARPINSKI
                                           PRESIDING JUDGE 
.