STATE, EX REL. FAIRFIELD CTY. BD. OF MENTAL RETARDATION, v. FAIRFIELD CTY. BUDGET COMM.

No. 83-1158.

10 Ohio St. 3d 123 (1984)

THE STATE, EX REL. FAIRFIELD COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, APPELLANT, v. FAIRFIELD COUNTY BUDGET COMMISSION ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 18, 1984.


Attorney(s) appearing for the Case

Wiles, Doucher, Van Buren, Boyle & Casey Co., L.P.A., and Mr. Thomas J. Keener, for appellant.

Mr. Thomas J. Corbin, for appellees.


Per Curiam.

Appellees' assertion of an adequate remedy at law by way of appeal to the Board of Tax Appeals is in conflict with Bd. of Mental Retardation v. Bd. of Commrs. (1975), 41 Ohio St.2d 103 [70 O.O.2d 197]. That case also involved a mandamus action brought by a board of mental retardation seeking, as in this cause, reinstatement of a voter-approved levy in excess of the ten-mill limitation. In...

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