KINSEY v. BD. OF TRUSTEES OF POLICE & FIREMEN'S DISABILITY & PENSION FUND OF OHIO

No. 88-1599.

49 Ohio St. 3d 224 (1990)

KINSEY, APPELLANT, v. BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided March 14, 1990.


Attorney(s) appearing for the Case

Stewart R. Jaffy & Associates Co., L.P.A., and Stewart R. Jaffy, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Cherry Lynne Poteet, for appellee.


ALICE ROBIE RESNICK, J.

At the outset we will address the constitutional issue raised by appellant. It is well-established that where a case can be resolved upon other grounds the constitutional question will not be determined. This case can be resolved on the "some evidence" rule and, therefore, we find it is unnecessary to reach the constitutional issue of whether appellant was denied due process of law by not receiving notice and an opportunity to be heard at the...

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