STATE EX REL. MILLER v. ANTHONY

No. 93-2238.

72 Ohio St.3d 132 (1995)

THE STATE EX REL. MILLER ET AL., APPELLANTS, v. ANTHONY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 3, 1995.


Attorney(s) appearing for the Case

Michael Miller, Franklin County Prosecuting Attorney, Carol Hamilton O'Brien, Assistant Prosecuting Attorney; Ronald J. O'Brien, Columbus City Attorney, and Antonio B. Paat, Jr., Assistant City Attorney, for appellants.

John L. Onesto, for appellee.

Betty D. Montgomery, Attorney General, Richard A. Cordray, State Solicitor, Simon B. Karas and Jeffery W. Clark, Assistant Attorneys General, urging reversal for amicus curiae, Ohio Attorney General.


COOK, J.

This case presents two issues for review. We first determine that no right to a jury trial attaches in a nuisance abatement action. Second, we conclude that clear and convincing evidence of chronic felony violations of R.C. Chapter 2925 on a parcel of property is sufficient to prove that R.C. 3719.10 applies to such premises. There need not be evidence that the violations are occurring either at the time a complaint is filed or at the time a hearing takes...

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