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BD. OF EDN. v. MASSILLON

No. 2003-1851.

104 Ohio St.3d 518 (2004)

2004-Ohio-6775

MASSILLON CITY SCHOOL DISTRICT BOARD OF EDUCATION ET AL., APPELLANTS AND CROSS-APPELLEES, v. CITY OF MASSILLON, APPELLEE AND CROSS-APPELLANT, ET AL.

Supreme Court of Ohio.

Decided December 17, 2004.

Attorney(s) appearing for the Case

Mary Jo Shannon Slick; Means, Bichimer, Burkholder & Baker Co., L.P.A., and Robert M. Morrow, for appellants and cross-appellees.

Black, McCuskey, Souers & Arbaugh, Bruce M. Soares, Randolph L. Snow, and Brian C. Cich, Canton, for appellee and cross-appellant.

Britton, Smith, Peters & Kalail, Karrie M. Kalail, John E. Britton, and Kathryn I. Brandt, Cleveland, urging affirmance in part for amicus curiae Ohio School Boards Association.

Barry M. Byron, Stephen L. Byron, Willoughby, and John Gotherman, Cleveland, urging affirmance in part and reversal in part for amicus curiae Ohio Municipal League.

LUNDBERG STRATTON, J.

I. Introduction

{¶ 1} R.C. 5709.62 permits certain municipal corporations to offer tax exemptions to businesses that agree to create or preserve employment opportunities in economically blighted areas called enterprise zones. R.C. 5709.82 requires these municipal corporations to share income tax revenue collected from "new employee[s]" with school districts located in the enterprise zone to compensate them for tax...

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