BUCKEYE POWER, INC. v. KOSYDAR

No. 73-74.

35 Ohio St. 2d 137 (1973)

BUCKEYE POWER, INC., APPELLEE, v. KOSYDAR, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided July 11, 1973.


Attorney(s) appearing for the Case

Messrs. George, Greek, King, McMahon & McConnaughey, Mr. Robert P. Mone and Mr. William R. Thyer, for appellee.

Mr. William J. Brown, attorney general, Mr. Will Kuhlman, Mr. Dwight C. Pettay, Jr., and Mrs. Maryann B. Gall, for appellant.


CELEBREZZE, J.

The issue here is whether the decision of the Board of Tax Appeals is unreasonable or unlawful.

R. C. 5727.01 (D) states, in pertinent part:

"(D) `Rural electric company' means any nonprofit corporation, organization, association, or co-operative engaged in the business of supplying electricity to its members or persons owning an interest therein in an area the major portion of which is rural."

No argument is raised as to Buckeye...

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