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IN RE APPLICATION FOR EXEMPTION OF REAL PROPERTY FROM TAXATION

Nos. 36978 and 36980.

173 Ohio St. 56 (1962)

IN RE APPLICATION FOR EXEMPTION OF REAL PROPERTY FROM TAXATION: CARNEY, AUD., APPELLANT, v. CITY OF CLEVELAND ET AL., APPELLEES. CITY OF CLEVELAND, APPELLANT, v. CARNEY, AUD., APPELLEE.

Supreme Court of Ohio.

Decided January 24, 1962.

Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, Mr. George W. Leddon and Mr. Joseph A. Zingales, for John J. Carney, Auditor of Cuyahoga County.

Mr. Ralph S. Locher, director of law, Mr. Joseph H. Crowley and Mr. Anthony V. Leanza, for city of Cleveland.

ZIMMERMAN, acting C. J.

Were the board's determinations unreasonable or unlawful?

Section 5709.08, Revised Code, enacted pursuant to the authorization contained in Section 2, Article XII of the constitution of Ohio, recites in part:

"* * * public property used exclusively for a public purpose, shall be exempt from taxation."

Such section was interpreted in the case of Board of Park Commissioners...

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