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VOINOVICH v. BD. OF PARK COMMRS. OF THE CLEVELAND METROPOLITAN PARK DIST.

No. 74-897.

42 Ohio St. 2d 511 (1975)

VOINOVICH, AUDITOR, APPELLANT, v. BOARD OF PARK COMMRS. OF THE CLEVELAND METROPOLITAN PARK DIST., APPELLEE.

Supreme Court of Ohio.

Decided June 25, 1975.

Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Thomas P. Cyrus, for appellant.

Messrs. Kelley, McCann & Livingstone, Mr. Walter C. Kelley and Mr. Michael L. Gordon, for appellee.

O'NEILL, C. J.

The question presented in this appeal is whether Amended House Bill No. 355 (1973) is constitutional.

Appellant contends that Perk v. Euclid (1969), 17 Ohio St.2d 4, 244 N.E.2d 475, is controlling in the present case. This court disagrees. The syllabus in Perk states:

"Section 2 of Amended Senate Bill No. 351 (1967), an uncodified temporary statute, is retroactive and discriminatory...

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