COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                           COUNTY OF CUYAHOGA
                               NO. 81951
STATE OF OHIO EX REL,            :     PETITION FOR
SANTINA M. KLIMKOWSKI            :     WRIT OF PROHIBITION
                                 :
            RELATOR              ::
-vs-                             ::    JOURNAL ENTRY
PETER M. SIKORA,                 :           AND
JUDGE                            :        OPINION
                                 :       
            RESPONDENT           :
DATE OF ANNOUNCEMENT             :     NOVEMBER 21, 2002
   OF DECISION
JUDGMENT                         :     DISMISSED.
APPEARANCES:
FOR RELATOR:                           FOR RESPONDENT:
TIMOTHY J. ARMSTRONG                   WILLIAM D. MASON
DEBORAH J. PAPUSHAK                    Cuyahoga County Prosecutor
Attorneys at Law                       CHARLES E. HANNAN, JR.
1725 The Midland Building              ROCHELLE DOBECK
101 Prospect Ave., West                Assistant County Prosecutors
Cleveland, Ohio 44115-1091             1200 Ontario Street
                                       Cleveland, Ohio 44113
                                   -2-
JUDGE KENNETH A. ROCCO:
     Santina M. Klimkowski, the relator, has filed a complaint for
a writ of prohibition.  Klimkowski seeks a permanent order from
this court which prevents Judge Peter M. Sikora, the respondent,
from  enforcing  a  subpoena  which  required her attendance at a
hearing scheduled for October 25, 2002, in Cuyahoga County Court of
Common Pleas,  Juvenile Court Division Case No. 02100756.  Judge
Sikora  has  filed a motion to dismiss which we grant for the
following reasons.
     On October 24, 2002, Klimkowski, the President of the Board of
Education of the Maple Heights School District, received a subpoena
commanding  her  to  appear  as  a  witness  in  a  juvenile  hearing
scheduled  for  October  25,  2002,  with  regard  to  a  child who was
attending  school  within  the  Maple  Heights  City  School  District.
Klimkowski   s complaint for prohibition alleged that:
        7.  Relator  has  learned  through  her  attorney  (see  attached
affidavit of Louis C. Damiani, Exhibit    C   ) and through James Hull,
the Assistant Principal of Maple Heights High School (see attached
affidavit  of  James  Hull,  Exhibit     D   ),  that  Respondent   s  real
intention in issuing the subpoena to Relator is to use the power of
his Court to attempt to inject himself into a labor dispute pending
between  the  Maple Heights City School District and the Maple
Heights Teachers Association.  As a result of this labor dispute,
                                  -3-
the teachers of the district are on strike.  
        Pursuant to Evid.R. 201, this court takes judicial notice of
the following adjudicative facts: 1) the juvenile hearing scheduled
for October 25, 2002, was conducted and concluded by Judge Sikora;
and 2) the labor dispute pending between the Maple Heights City
School  District  and  the  Maple  Heights  Teachers Association was
settled on or about November 5, 2002.  Since the hearing scheduled
for October 25, 2002, in Cuyahoga County Court of Common Pleas,
Juvenile  Court  Division  Case  No.  02100756,  has  been  held and
concluded  and  the  labor  dispute  between  the  Maple  Heights  City
School District and the Maple Heights Teachers Association has been
settled, we find that Klimkowski            s complaint for a writ of
prohibition has become moot.  State ex rel. Zschach v. Court of
Common Pleas of Fairfield County et al. (1996), 76 Ohio St.3d 76,
666 N.E.2d 563.  See, also, State ex rel. White, Mayor, et al. v.
Judge Kilbane Koch, 96 Ohio St.3d 395, 2001 Ohio 4144, 775 N.E.2d
508.
        Accordingly, we grant Judge Sikora   s motion to dismiss.  The
prior order of this court, which granted Klimkowski an alternative
writ of prohibition, is dissolved.  It is further ordered that the
Clerk of the Eighth District Court of Appeals shall serve notice of
this  judgment  upon  all  parties  as  required  by  Civ.R.  58(B).
Relator to pay costs.
                              -4-
     Complaint dismissed.           
ANNE L. KILBANE, J.             
COLLEEN CONWAY COONEY, J. CONCUR
                                     ______________________________
                                            KENNETH A. ROCCO
                                                 JUDGE
 
 
 
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