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OHIO TRUCKING ASSN. v. STICKRATH

No. 10AP-673.

2011 Ohio 4361

Ohio Trucking Association et al., Plaintiffs-Appellees/[Cross-Appellants], v. Director Thomas Stickrath et al., [Ohio Department of Public Safety], Defendants-Appellants/[Cross-Appellees].

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

Rendered on August 30, 2011.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour and Pease LLP, Lisa Pierce Reisz , Thomas E. Szykowny and Kenneth J. Rubin , for appellees.

Michael DeWine , Attorney General, Todd A. Nist , Hilary R. Damaser , and Barton A. Hubbard , for appellants.

DECISION

TYACK, J.

{¶1} This case is a challenge to an amendment to R.C. 4509.05, which increased the fee charged by the Ohio Bureau of Motor Vehicles ("BMV") for obtaining certified abstracts of driving records. Plaintiffs-appellees claim that the increased fee that allocates additional moneys to non-highway related purposes violates Section 5a, Article XII, of the Ohio Constitution ("Section 5a"). The trial court agreed that the amended...

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