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LYNCH v. CTY. BD. OF COMMRS.

No. 96-876.

79 Ohio St.3d 251 (1997)

LYNCH ET AL., APPELLANTS, v. GALLIA COUNTY BOARD OF COMMISSIONERS ET AL., APPELLEES; GALLIA COUNTY VETERANS SERVICE COMMISSION ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 16, 1997.

Attorney(s) appearing for the Case

Michael A. Moses, for appellants Rhonda Lynch and Steven Swords.

Dowries & Hurst, Rufus B. Hurst and Cheri B. Hass; Beran, Piper, Tarkowsky, Fitzgerald & Theis Co., L.P.A., and Bruce A. Curry, for appellees Gallia County Board of Commissioners.

Mowery, Brown & Blume and J. Rick Brown, for appellant Gallia County Veterans Service Commission.

Vorys, Sater, Seymour & Pease, Andrew M. Kaplan and Scott A. Carroll, urging reversal for amicus curiae, Ohio State Association of Veterans Service Commissions.

Ronald J. O'Brien, Franklin County Prosecuting Attorney, and Bonnie L. Maxton, Assistant Prosecuting Attorney, urging affirmance for amicus curiae, Franklin County Board of Commissioners.

Submitted April 2, 1997 at the Athens County Session.

FRANCIS E. SWEENEY, SR., J.

In this case we are asked to decide whether R.C. 5901.11, as amended July 1994, prohibits the board of county commissioners from revising a proposed budget submitted by a veterans service commission. For the following reasons, we hold that R.C. 5901.11 imposes a mandatory duty upon the board of county commissioners to fund a lawful budget request of a veterans service commission...

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