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DeWEESE v. OHIO DMRDD

No. 92-CA-65.

92 Ohio App.3d 299 (1993)

DeWEESE, Appellee, v. OHIO DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, Appellant.

Court of Appeals of Ohio, Miami County.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Jack L. Carter, for appellee.

Lee Fisher, Attorney General, and John T. Williams, Assistant Attorney General, for appellant.

FAIN, Judge.

Appellant Ohio Department of Mental Retardation and Developmental Disabilities appeals from an order committing respondent Lori Ann DeWeese to the Montgomery Developmental Center. The department contends that the trial court lacked authority to order the commitment in view of the undisputed fact that the commitment caused the Montgomery Developmental Center, a public institution, to exceed its licensed capacity. Further, the department contends

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