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BD. OF TRUSTEES v. WILLIAMS COUNTY BUDGET COMM.

No. 95-1069.

75 Ohio St.3d 520 (1996)

BOARD OF TRUSTEES OF MONTPELIER PUBLIC LIBRARY, APPELLEE, v. WILLIAMS COUNTY BUDGET COMMISSION ET AL.; BRYAN PUBLIC LIBRARY, APPELLANT.

Supreme Court of Ohio.

Decided June 5, 1996.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey and Stephen P. Grassbaugh; Newcomer, Shaffer, Bird & Spangler and David C. Newcomer, for appellant.

Baker & Hostetler, John H. Burtch and George H. Boerger, for appellee.

Per Curiam.

R.C. 5705.32 empowers the budget commission to initially allocate the library and local government support fund. R.C. 5705.37 authorizes the BTA to modify any action of the commission; its findings replace the commission's findings. Thus, the budget commission first resolves all questions of fact and, on appeal, the BTA reexamines the facts in a trial de novo. Cleveland Pub. Library v. Cuyahoga Cty. Budget Comm. (1986),

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