Davis v. Marion Cty. Engineer

In Davis v. Marion Cty. Engineer (1991), 60 Ohio St.3d 53, 573 N.E.2d 51, the appellant tendered both his resignation and his withdrawal of resignation in writing. Thus, the effectiveness of an oral resignation or withdrawal of resignation was not before the court, and the Supreme Court's statement regarding the requirements for proving an oral resignation or withdrawal of resignation was mere dicta. Ultimately, the Supreme Court found that the underlying finding by the administrative agency "was, pursuant to R.C. 119.12, supported by reliable, probative and substantial evidence and was in accordance with law." Id. at 56.