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STATE, EX REL. LAKE CTY. BD. OF COMMRS. v. ZUPANCIC

No. 90-1615.

62 Ohio St.3d 297 (1991)

THE STATE, EX REL. BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY ET AL., APPELLANTS, v. ZUPANCIC, APPELLEE.

Supreme Court of Ohio.

Decided December 24, 1991.

Attorney(s) appearing for the Case

Mastrangelo & Freda, E.W. Mastrangelo; Peck, Shaffer & Williams and John Weld Peck, for appellants.

Steven V. LaTourette, Prosecuting Attorney, and Michael P. Brown, for appellee.

WRIGHT, J.

The sole issue before the court is whether the construction of for-profit, multiunit rental housing constitutes the construction of facilities for commerce or industry under Section 13, Article VIII, Ohio Constitution. The parties agree that if the proposed housing project meets the requirements of Section 13, the issuance of the bonds will meet constitutional muster, and the respondent auditor will be obligated to sign the bonds and affix his seal to them...

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