HERRICK v. KOSYDAR

No. 75-52.

44 Ohio St. 2d 128 (1975)

HERRICK ET AL., APPELLEES, v. KOSYDAR, TAX COMMR., APPELLANT, ET AL.

Supreme Court of Ohio.

Decided December 17, 1975.


Attorney(s) appearing for the Case

Messrs. George, Greek, King, McMahon & McConnaughey, Mr. Darold I. Greek and Mr. Steven R. Severy, for appellees.

Mr. William J. Brown, attorney general, Mr. John C. Duffy, Jr., and Mr. Clinton J. Miller, for appellant.


Per Curiam.

The issue presented in this case is whether the Court of Common Pleas lacked jurisdiction to render a declaratory judgment, in view of the alternative administrative remedy provided by R. C. Title 57.

In American Life & Accident Ins. Co. v. Jones (1949), 152 Ohio St. 287, 89 N.E.2d 301, this court held that an action for declaratory judgment could be maintained even when an alternative...

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