CITY OF LANCASTER v. FAIRFIELD CTY. BUDGET COMM.

No. 98-1059.

86 Ohio St.3d 137 (1999)

CITY OF LANCASTER, APPELLEE AND CROSS-APPELLANT, v. FAIRFIELD COUNTY BUDGET COMMISSION ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided July 28, 1999.


Attorney(s) appearing for the Case

John R. Varanese, for appellee and cross-appellant.

David L. Landefeld, Fairfield County Prosecuting Attorney, and Roy E. Hart, Assistant Prosecuting Attorney, for appellants and cross-appellees, Fairfield County Budget Commission; Fairfield County Park District; County of Fairfield; Townships of Amanda, Clearcreek, Greenfield, Hocking, Liberty, Madison, Richland, and Walnut; and Villages of Amanda, Baltimore, Bremen, Carroll, Lithopolis, Millersport, Pleasantville, Rushville, Stoutsville, Sugar Grove, Thurston, and West Rushville; and City of Pickerington.

Teaford, Rich & Wheeler and James R. Gorry, urging reversal for amicus curiae, Ohio County Auditors' Association.

Michael T. Callahan, Summit County Prosecuting Attorney, and Austin B. Barnes III, Assistant Prosecuting Attorney, urging reversal for amici curiae, Ohio Prosecuting Attorneys' Association and the County Commissioners' Association of Ohio.


MOYER, C.J.

This appeal presents two legal issues: (1) whether, pursuant to R.C. 5747.53 and 5747.63, the budget commission must secure annual approvals from all the participants in order to allocate the ULGF and the ULGRAF pursuant to the alternative formulas, and (2) whether the budget commission must secure approval from all participants for succeeding years if one of the participants in these funds initially limited its approval of the alternative...

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