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OHIO APT. ASSN. v. LEVIN

No. 2009-0213.

122 Ohio St.3d 1231 (2009)

2009-Ohio-3477

OHIO APARTMENT ASSOCIATION ET AL., Appellants, v. LEVIN, TAX COMMR., Appellee.

Supreme Court of Ohio.

Decided July 22, 2009.

Attorney(s) appearing for the Case

Calfee, Halter & Griswold, L.L.P., Mark I. Wallach, James F. Lang, and Laura C. McBride, for appellants.

Richard Cordray, Attorney General, and Lawrence D. Pratt and Alan P. Schwepe, Assistant Attorneys General, for appellee.

ON MOTION TO DISMISS

{¶ 1} This cause is pending before the court as an appeal from a decision of the Board of Tax Appeals ("BTA") issued in a rule-review proceeding brought pursuant to R.C. 5703.14(C). The appellants challenge the constitutionality of a classification of uses of real property set forth in Ohio Adm.Code 5703-25-18 and 5703-25-10. In adopting that classification, those rules incorporate an amendment enacted by the General Assembly...

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