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GEAUGA CTY. BD. OF COMMRS. v. MUNN RD. SAND & GRAVEL

No. 92-1503.

67 Ohio St.3d 579 (1993)

GEAUGA COUNTY BOARD OF COMMISSIONERS ET AL., APPELLANTS, v. MUNN ROAD SAND & GRAVEL ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 17, 1993.

Attorney(s) appearing for the Case

David P. Joyce, Geauga County Prosecuting Attorney, and David Lubecky, Assistant Prosecuting Attorney, for appellants.

Thrasher, Dinsmore & Dolan and David M. Ondrey, for appellees.

Dean Holman, Medina County Prosecuting Attorney, and William L. Thorne, Assistant Prosecuting Attorney, urging reversal for amici curiae, County Commissioners' Association of Ohio and County Engineers' Association of Ohio.

ALICE ROBIE RESNICK, J.

This case presents one issue for our consideration: Is R.C. 4511.07 an express grant of authority to a board of county commissioners to regulate traffic in the county? For the reasons which follow, after careful review, we determine that it is not. We affirm the judgment of the court of appeals.

The county commissioners relied on R.C. 4511.07(I) as their authorization to enact Resolution No. 90-9 to prohibit through truck traffic on...

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