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STATE, EX REL. WALTER v. VOGEL

No. 35872.

169 Ohio St. 368 (1959)

THE STATE, EX REL. WALTER, DIRECTOR OF PUBLIC SERVICE, APPELLEE, v. VOGEL, DIRECTOR OF FINANCE, APPELLANT.

Supreme Court of Ohio.

Decided July 1, 1959.

Attorney(s) appearing for the Case

Mr. Harry N. Van Berg and Mr. John H. Zerbe, for appellee.

Mr. Rufus L. Thompson, for appellant.

MATTHIAS, J.

The sole issue which is dispositive of this cause is whether money received by a municipal corporation from the state and derived from the state motor-vehicle fuel and license taxes may be used to pay for the lighting of urban portions of limited-access highways.

Section 5a, Article XII of the Constitution of Ohio, states:

"No moneys derived from fees, excises, or license taxes relating to...

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