STATE, EX REL. FALKE, v. MONTGOMERY CTY. RESIDENTIAL DEVELOPMENT, INC.

No. 87-1680.

40 Ohio St. 3d 71 (1988)

THE STATE, EX REL. FALKE, PROS. ATTY., APPELLANT, v. MONTGOMERY COUNTY RESIDENTIAL DEVELOPMENT, INC., APPELLEE.

Supreme Court of Ohio.

Decided December 14, 1988.


Attorney(s) appearing for the Case

Lee C. Falke, prosecuting attorney, John F. Krumholtz and Richard D. Hanes, for appellant.

Robert W. Cettel, for appellee.


LOCHER, J.

At issue in this appeal are the questions of (1) whether a corporation that has offended against a law providing for its creation should, in an action in quo warranto, be ousted entirely from its franchise, and (2) whether a corporation that has been so ousted may bring or maintain a suit in a court of law. For the reasons set forth below, we answer both questions in the affirmative.

I

In his first proposition of law, appellant contends...

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