STATE, EX REL. PRESTON v. FERGUSON

No. 36283.

170 Ohio St. 450 (1960)

THE STATE, EX REL. PRESTON, DIRECTOR OF HIGHWAYS, v. FERGUSON, TREASUR OF STATE.

Supreme Court of Ohio.

Decided March 30, 1960.


Attorney(s) appearing for the Case

Mr. Mark McElroy, attorney general, Messrs., Knepper, White, Richards, Miller & Roberts and Mr. Hugh A. Sherer, for relator.

Mr. Mark McElroy, attorney general, Mr. John F. O'Brien, Mr. Gerald J. Celebrezze and Mr. Ortha O. Barr., Jr., for respondent.


MATTHIAS, J.

The first question for determination in this cause may adequately be framed as follows:

Does Section 5501.112, Revised Code, authorize, and do the agreement between relator and the School Employees Retirement Board and the actions of the parties thereunder amount to, the creation of a debt of the state in violation of Sections 1, 2c, or 3 of Article VIII, Ohio Constitution?

Section 1, Article VIII of our Constitution, provides:

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