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HAL ARTZ LINCOLN-MERCURY, INC. v. OH. MOTOR VEH. DEALERS BD.

Nos. 96APE02-247, 96APE02-248 and 96APE04-478.

118 Ohio App.3d 501 (1997)

HAL ARTZ LINCOLN-MERCURY, INC., Appellant, v. OHIO MOTOR VEHICLE DEALERS BOARD et al., Appellees. FORD MOTOR COMPANY, Appellant, v. OHIO MOTOR VEHICLE DEALERS BOARD et al., Appellees.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided February 27, 1997.

Attorney(s) appearing for the Case

Crabbe, Brown, Jones, Potts & Schmidt, James D. Gilbert and Donald S. Simon, for appellant Hal Artz Lincoln-Mercury, Inc.

Betty D. Montgomery, Attorney General, and Chester T. Lyman, Jr., Assistant Attorney General, for appellee Ohio Motor Vehicle Dealers Board.

Baker & Hostetler, Elizabeth A. McNellie, George W. Hairston and Anthony J. Franze; Thompson, Hine Dykema & Gossett, P.L.L.C., and Joseph A. Ritok, Jr.; and David R. Kelleher, for appellant Ford Motor Company.

Dworken & Bernstein Co., L.P.A., and David J. Richards, Jr., for intervenor K & B Lincoln-Mercury, Inc.

JOHN C. YOUNG, Judge.

This appeal involves three consolidated cases. The history of these cases is as follows: In 1972, Ford Motor Company ("Ford") and Hal Artz Lincoln-Mercury, Inc. ("Artz") entered into a sales and service agreement ("agreement"). In 1980, R.C. 4517.50 was enacted as part of the Ohio Motor Vehicle Dealers Act ("Act"). R.C. 4517.50 provides that a dealer may protest a planned relocation of another...

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