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MAKOWSKI v. LIMBACH

No. 87AP-709.

47 Ohio App. 3d 129 (1988)

MAKOWSKI, CTY. AUDITOR, ET AL., APPELLANTS, v. LIMBACH, TAX COMMR., ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided April 19, 1988.

Attorney(s) appearing for the Case

Craig S. Albert, prosecuting attorney, and James R. Gorry, for appellants.

Anthony J. Celebrezze, Jr., attorney general, and Mark A. Engel, for appellee Tax Commissioner.

Michael Miller, prosecuting attorney, and Harland H. Hale, for appellees county auditors.

COOK, J.

On February 4, 1987, the Geauga County Auditor and the Budget Commission of Geauga County, plaintiffs-appellants, filed a complaint in the Court of Common Pleas of Franklin County, seeking a declaratory judgment as to whether the Ohio Tax Commissioner has statutory authority to correct an alleged error made by the commissioner in the distribution of state income tax monies to local libraries pursuant to R.C. 5747.47(A)(1). The complaint alleged that the Geauga...

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