AMERICAN CHEMICAL SOCIETY v. KINNEY

No. 81-321.

69 Ohio St. 2d 167 (1982)

AMERICAN CHEMICAL SOCIETY, APPELLANT, v. KINNEY, COMMR., APPELLEE.

Supreme Court of Ohio.

Decided February 10, 1982.


Attorney(s) appearing for the Case

Messrs. Bricker & Eckler, Mr. William R. Chadeayne, Mr. Jerry E. Nathan and Mr. Michael K. Gire, for appellant.

Mr. William J. Brown, attorney general, and Mr. Charles M. Steines, for appellee.


KRUPANSKY, J.

The primary issue is whether the decision of the BTA is reasonable and lawful. In deciding this issue we must determine, are the parcels in question (approximately 30 acres of land) owned by appellant being used "in furtherance of or incidental to" the charter provisions, viz., its charitable purposes within the purview of R. C. 5709.12 and 5709.121.

R. C. 5709.12 provides, in pertinent part:

"* * * Real and tangible personal property...

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