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FREEDOM RD. FOUNDATION v. DEPT. OF LIQUOR CONTROL

No. 96-1006.

80 Ohio St.3d 202 (1997)

FREEDOM ROAD FOUNDATION, APPELLEE, v. OHIO DEPARTMENT OF LIQUOR CONTROL, APPELLANT.

Supreme Court of Ohio.

Decided November 5, 1997.

Attorney(s) appearing for the Case

Schottenstein, Zox & Dunn Co., L.P.A., and John A Gleason, for appellee.

Betty D. Montgomery, Attorney General, Chester T. Lyman, Jr., and Simon B. Karas, Assistant Attorneys General, for appellant.

COOK, J.

I

FREEDOM ROAD'S REQUEST FOR DECLARATORY JUDGMENT IS PROPER

The department initially argues that the trial court never should have reached the merits of the declaratory judgment action because Freedom Road lacks standing to challenge the department's actions. The department's argument is based on the fact that Regulation 53 has been enforced against liquor-permit premises, not Freedom Road. The department states that it, in...

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