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STATE EX REL. TRACY v. FRANKLIN CTY. COURT OF COMMON PLEAS

No. 93-459.

66 Ohio St.3d 644 (1993)

THE STATE EX REL. TRACY, TAX COMMR., ET AL. v. FRANKLIN COUNTY COURT OF COMMON PLEAS ET AL.

Supreme Court of Ohio.

Decided June 4, 1993.

Attorney(s) appearing for the Case

Lee Fisher, Attorney General, Richard C. Farrin, Andrew I. Sutter and Andrew S. Bergman, Assistant Attorneys General; Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., John R. Climaco, H. Ritchey Hollenbaugh, Jack D. Maistros and Richard M. Knoth, for relators.

Michael Miller, Franklin County Prosecuting Attorney, Elizabeth A. Scott, Jeffrey L. Glasgow and Bonnie L. Maxton, Assistant Prosecuting Attorneys, for respondents.

Jones, Day, Reavis & Pogue, Maryann B. Gall, John W. Zeiger and Todd S. Swatsler, for respondents-intervenors.

This cause originated in this court on the filing of a complaint for a writ of prohibition. Upon consideration thereof,

IT IS ORDERED by the court that said writ of prohibition be, and the same is hereby, granted for the following reasons:

1. R.C. 5703.38 has no application to this case;

2. R.C. 2723.01 grants courts of common pleas the authority to enjoin an illegal levy or collection of taxes;

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