JOHNSON'S MARKETS, INC. v. NEW CARLISLE DEPT. OF HEALTH

No. 89-1916.

58 Ohio St. 3d 28 (1991)

JOHNSON'S MARKETS, INC., APPELLANT, v. NEW CARLISLE DEPARTMENT OF HEALTH, APPELLEE; OHIO DEPARTMENT OF AGRICULTURE, APPELLANT.

Supreme Court of Ohio.

Decided March 6, 1991.


Attorney(s) appearing for the Case

Gorman, Veskauf, Henson & Wineberg and Robert A. Wineberg, for appellant Johnson's Markets, Inc.

Livingston, Sell, Johnston & Kernmer and A. Melvin Kemmer, for appellee.

Lee I. Fisher, attorney general, Cheryl D. Minsterman and Tamara A. Squire, for appellant Ohio Department of Agriculture.


HOLMES, J.

The major issue presented in this case is whether, in construing the various sections of Ohio statutory law pertaining to the public health in regard to places where food is manufactured and places where food and food products are sold and handled within Ohio, it was the legislative scheme, or intent, that all such regulatory control be vested in the Department of Agriculture or, conversely, whether it was intended that some regulation thereof may be exercised...

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