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PUT-IN-BAY ISLAND TAXING DIST. AUTH. v. COLONIAL, INC.

No. 91-2064.

65 Ohio St.3d 449 (1992)

PUT-IN-BAY ISLAND TAXING DISTRICT AUTHORITY, APPELLEE, v. COLONIAL, INC., APPELLANT.

Supreme Court of Ohio.

Decided December 11, 1992.

Attorney(s) appearing for the Case

Stewart I. Mandel, for appellee.

Cooper, Straub, Walinski & Cramer, L.P.A., T. Scott Johnston, Margaret J. Lockhart and Terrell A. Allen, for appellant.

DOUGLAS, J.

The issue in this case is whether R.C. 5739.101 et seq. is at odds with Section 26, Article II of the Ohio Constitution. For the reasons that follow, we find that R.C. 5739.101 et seq. contravenes Section 26, Article II.

R.C. 5739.101 establishes each island in Ohio "* * * as a special taxing district solely for the purpose of imposing tax authorized by this section * * * to raise revenue for the general funds of the townships and...

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