RYAN HOMES, INC. v. OHIO DEPT. OF INDUS. RELATIONS

No. 86AP-177.

30 Ohio App. 3d 68 (1986)

RYAN HOMES, INC., APPELLEE, v. OHIO DEPARTMENT OF INDUSTRIAL RELATIONS, BOARD OF BUILDING STANDARDS, ET AL., APPELLANTS.

Court of Appeals of Ohio, Franklin County.

Decided December 18, 1986.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, Charles D. Minor and Janice A. Judge, for appellee.

Anthony J. Celebrezze, Jr., attorney general, and Kevin J. Reis, for appellants.

Ronald J. O'Brien, city attorney, and Donald T. Plank, for amicus curiae city of Columbus.


WHITESIDE, J.

Defendants, state of Ohio, Department of Industrial Relations, Board of Building Standards, et al., appeal from a declaratory judgment of the Franklin County Court of Common Pleas declaring Ohio Adm. Code 4101:2-23-99 to be invalid because it conflicts with R.C. 3781.10. In support of their appeal, defendants have raised a single assignment of error as follows:

"The trial court erred in striking down Rule 4101:2-23-99 because said rule is not...

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