STATE EX REL. PIZZA v. REZCALLAH

Nos. 96-1894, 96-1895 and 96-1897.

84 Ohio St.3d 116 (1998)

THE STATE EX REL. PIZZA, PROS. ATTY., APPELLANT, v. REZCALLAH, APPELLEE. THE STATE EX REL. PIZZA, PROS. ATTY., APPELLANT, v. TERRELL, APPELLEE. THE STATE EX REL. PIZZA, PROS. ATTY., APPELLANT, v. GONZALES, APPELLEE.

Supreme Court of Ohio.

Decided December 9, 1998.


Attorney(s) appearing for the Case

Julia R. Bates, Lucas County Prosecuting Attorney, Steven J. Papadimos and Bertrand R. Puligandla, Assistant Prosecuting Attorneys, for appellant.

Barkan & Robon and Cynthia G. Tesznar, for appellee Mary Rezcallah.

Gilbert Terrell, pro se.

Wesley M. Miller, Jr., for appellee Teresa Gonzales.

Betty D. Montgomery, Attorney General, Jeffrey S. Sutton, State Solicitor, and Simon B. Karas, Assistant Attorney General, urging reversal for amicus curiae, Ohio Attorney General.


MOYER, C. J.

In each of the three cases before us a non-owner resident was arrested for conduct that violated felony drug laws while occupying residential property owned by one of the appellees herein. In all three cases, it is undisputed that the appellee property owners neither acquiesced to nor participated in the drug activities that took place on their property. Further, the record indicates that all three owners acted in good faith, taking affirmative...

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