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SOUTH COMMUNITY, INC. v. STATE EMP. RELATIONS BD.

No. 87-953.

38 Ohio St. 3d 224 (1988)

SOUTH COMMUNITY, INC., APPELLEE, v. STATE EMPLOYMENT RELATIONS BOARD ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 24, 1988.

Attorney(s) appearing for the Case

Pickrel, Schaeffer & Ebeling Co., L.P.A., Andrew C. Storar and Janet K. Cooper, for appellee.

Anthony J. Celebrezze, Jr., attorney general, Robert E. Ashton, Loren L. Braverman and Susan Hayest Kozlowski, for appellant SERB.

Lucas, Prendergast, Albright, Gibson & Newman, Robert J. Walter and Mark R. Scherer, for appellant OAPSE.

Sponseller & Segel, Nancy L. Sponseller and Benjamin B. Segel, urging affirmance for amici curiae, Hamilton County Board of Mental Retardation and Developmental Disabilities et al.

Means, Bichimer, Burkholder & Baker Co., L.P.A., Robert T. Baker and Kimball H. Carey, urging affirmance for amicus curiae, Ohio School Boards Assn.

Steze, Delbaum & Hickman Co., L.P.A., and Franklin J. Hickman, urging affirmance for amicus curiae, Ohio Association of County Boards of Mental Retardation and Developmental Disabilities.

HOLMES, J.

R.C. 119.12 provides generally for appeals of adjudication orders issued by an "agency." "Agency" is defined in R.C. 119.01(A), which states, in pertinent part:

"`Agency' means * * * the functions of an administrative or executive officer, department, division, bureau, board, or commission of the government of the state specifically made subject to sections 119.01 to 119.13 of the Revised Code * * *."

R.C. 4117.02(M) specifically makes SERB...

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