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CITY OF WARREN v. REBHAN

No. 2011-T-0011.

2011 Ohio 6340

City of Warren, Ohio, Plaintiff-Appellant, v. Eric J. Rebhan, Co-Executor of The Estate of John C. Rebhan, Deceased, et al., Defendants-Appellees.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

December 12, 2011.

Attorney(s) appearing for the Case

Gregory V. Hicks , Warren City Law Director, and James E. Sanders and David D. Daugherty , Assistant Warren City Law Directors, 391 Mahoning Avenue, N.W., Warren, OH 44483 (For Plaintiff-Appellant).

Stuart A. Strasfeld , Roth, Blair, Roberts, Strasfeld & Lodge, 100 Federal Plaza East, #600, Youngstown, OH 44503-1893 (For Defendants-Appellees, Eric J. Rebhan and Regina Rebhan).

Matthew G. Vansuch , Harrington, Hoppe & Mitchell, LTD, 108 Main Avenue, S.W., #500, P.O. Box 1510, Warren, OH 44482-1510 (For Defendants-Appellees, Vienna Township and Vienna Township Trustees Jeffrey E. Dreves, Heidi Brown, and Richard Dascenzo, Jr.)

Mike DeWine , Ohio Attorney General, and Daniel Warner Fausey , Assistant Attorney General, 30 East Broad Street, 25th Floor, Columbus, OH 43215 (For Defendant-Appellee, Joseph W. Testa as Tax Commissioner, Ohio Department of Taxation.)

OPINION

CYNTHIA WESTCOTT RICE, J.

{¶1} Appellant, the city of Warren, Ohio ("Warren"), appeals from the judgment of the Trumbull County Court of Common Pleas, Probate Division, declaring Vienna Township, Ohio, the domicile of the decedent, John C. Rebhan, for purposes of estate taxation on intangible personal property pursuant to R.C. 5731.51. We affirm the trial court's judgment.

{¶2} The decedent passed away...

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