HAKIM v. KOSYDAR

No. 76-365.

49 Ohio St. 2d 161 (1977)

HAKIM, APPELLEE, v. KOSYDAR, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided February 16, 1977.


Attorney(s) appearing for the Case

Mr. Robert Houston French and Mr. Richard J. Valleau, for appellee.

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


HERBERT, J. R. C.

2723.01 reads: "Courts of Common Pleas may enjoin the illegal levy or collection of taxes and assessments and entertain actions to recover them when collected, without regard to the amount thereof, but no recovery shall be had unless the action is brought within one year after the taxes or assessments are collected."

R. C. 5703.38 states:

"No injunction shall issue suspending or staying any order, determination, or direction of the...

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