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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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