CINCINNATI CITY SCHOOL DIST. BD. OF EDN. v. STATE BD. OF EDN.

No. 2008-1480.

122 Ohio St.3d 557 (2009)

2009-Ohio-3628

CINCINNATI CITY SCHOOL DISTRICT BOARD OF EDUCATION, Appellee, v. STATE BOARD OF EDUCATION OF OHIO et al., Appellants.

Supreme Court of Ohio.

Decided July 30, 2009.


Attorney(s) appearing for the Case

Bricker & Eckler, L.L.P., Nicholas A. Pittner, James J. Hughes III, Jennifer A. Flint, and Allen Shaffer, for appellee.

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Alexandra T. Schimmer, Chief Deputy Solicitor General, Stephen P. Carney, Deputy Solicitor, and Todd R. Marti and Jason Patrick Small, Assistant Solicitors, for appellants.


LUNDBERG STRATTON, J.

{¶ 1} Appellants, the State Board of Education of Ohio and the Ohio Department of Education, advance the following proposition of law: "A school district with more than 500 employees is an `organization' barred from recovering attorney fees by R.C. 2335.39(A)(2)(d)."

{¶ 2} For the reasons that follow, we hold that a school district board of education is subsumed within the meaning of "organization...

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