CLERMONT CTY. ADAMH BD. v. HOGAN

No. 95-2561.

79 Ohio St.3d 358 (1997)

CLERMONT COUNTY ADAMH BOARD ET AL., APPELLEES AND CROSS-APPELLEES, v. HOGAN, DIR. ET AL., APPELLANTS; OHIO COALITION OF ADAMH/CMH BOARDS ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided August 13, 1997.


Attorney(s) appearing for the Case

John Woliver, for appellees and cross-appellees Clermont County ADAMH Board et al.

Betty D. Montgomery, Attorney General, Jeffrey S. Sutton, State Solicitor, and Simon B. Karas, Deputy Chief Counsel; Crabbe, Brown, Jones, Potts & Schmidt and Luis M. Alcalde, Special Counsel, for appellants Michael Hogan, Director, and the Department of Mental Health.

Frank J. Wassermann, for appellees and cross-appellees individual plaintiffs.

Martin, Browne, Hull & Harper, David A. Weaver and Regina Watson, for appellee and cross-appellant Alliance for Stable Client Care.

Stege, Hickman & Lowder Co., L.P.A., Franklin J. Hickman and Janet L. Lowder, for appellee and cross-appellant Ohio Coalition of ADAMH/CMH Boards.

Rittgers & Mengle and John Mengle, for appellee Warren/Clinton County and Brown County ADAMH Boards.

Cutright & Cutright and James K. Cutright, for appellee Paint Valley ADAMH Board.

Santen & Hughes and Robert S. Kaiser, for Homeless, Hotline of Cincinnati.

Herman S. Whitter and Linda K. Fiely, urging reversal for amicus curiae, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO.


MOYER, C.J.

In its present posture this case presents the sole issue whether the trial court erred in declaring that the Director of Mental Health failed to comply with the requirements of R.C. 5119.62(B)(2) during fiscal years 1993, 1994, and 1995.

R.C. 5119.62(B) provides in part:

"(1) The director, in consultation with relevant constituencies as required by division (A)(11) of section 5119.06 of the...

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