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ROOSEVELT PROPERTIES CO. v. KINNEY

No. 83-226.

12 Ohio St. 3d 7 (1984)

ROOSEVELT PROPERTIES COMPANY ET AL., APPELLANTS, v. KINNEY, COMMR., APPELLEE.

Supreme Court of Ohio.

Decided July 3, 1984.

Attorney(s) appearing for the Case

Messrs. DuLaurence & DuLaurence and Mr. Henry J. DuLaurence, for appellants Roosevelt Properties Co. et al.

Fred Siegel Co., L.P.A., Mr. Fred Siegel, Ms. Karen H. Bauernschmidt, Messrs. Benesch, Friedlander, Coplan & Aronoff, Mr. Ed Kancler and Ms. Mary Beth Ballard, for appellants Apartment & Home Owners Association et al.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. James C. Sauer, for appellee.

Mr. Kenneth C. Hamister, Messrs. Serazin & Deery and Mr. Scott F. Serazin, urging reversal for amici curiae, Sherwood Company et al.

Per Curiam.

Appellants, who own several multiunit apartment complexes, as well as various rental properties consisting of four units or less, contend that the commissioner's definition of "residential land and improvements" under Ohio Adm. Code 5705-3-06(B)(5) is artifically narrow and does not reflect the intent of the electorate who voted in favor of Section 2a, Article XII, or the General Assembly's intent under R.C. 5713.041. Specifically, appellants and...

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