Legal Opinion · Dissent

4522 Kenny Road, L.L.C. v. City of Columbus Board of Zoning Adjustment

Ohio Court of Appeals

Decided April 15, 2003No. 02AP-631 (REGULAR CALENDAR)Published

1DissentKlatt, Judge

{¶ 25} I respectfully dissent, as I believe that C.C. 3303.01 is not ambiguous with respect to whether there must be a showing of obscenity or harm to juveniles to satisfy the definition of an adults-only entertainment establishment. Words and phrases shall be read in context and construed according to the rules of grammar and common usage. R.C. 1.42. Normally, modifying words or phrases “ ‘only apply to the words or phrases immediately preceding or subsequent to the word, and will not modify the other words, phrases, or clauses more remote, unless the intent of the legislature clearly…

2Cases cited6 opinions

  1. Meeks v. PapadopulosOhio Supreme Court · 1980
  2. State ex rel. Pennington v. GundlerOhio Supreme Court · 1996
  3. Pizza v. Sunset Fireworks Co.Ohio Supreme Court · 1986
  4. In Re ShafferUnited States Bankruptcy Court, N.D. Ohio · 1998
  5. State v. BowenOhio Court of Appeals · 2000

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