Legal Opinion · Dissent

Dayton Supply & Tool Co. v. Montgomery County Board of Revision

Ohio Supreme Court

Decided November 29, 2006No. 2005-1464Published

1DissentAlice Robie Resnick, J.

{¶ 36} The relevant precedents are well reasoned and require this court to hold that the actions undertaken in this case amount to the unauthorized practice of law. Therefore, I would affirm the decision of the Board of Tax Appeals (“BTA”) that the Montgomery County Board of Revision (“BOR”) did not have jurisdiction to entertain the complaint and that it should be dismissed.

{¶ 37} Because the majority carves out an unwarranted exception to the general rule forbidding the unauthorized practice of law, I dissent. Furthermore, I believe that the majority’s method of analysis allows it to…

2Cases cited22 opinions

  1. Payne v. TennesseeSupreme Court of the United States · 1991
  2. Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
  3. Sinking-Fund CasesSupreme Court of the United States · 1879
  4. Land Title Abstract & Trust Co. v. DworkenOhio Supreme Court · 1934
  5. Union Savings Ass'n v. Home Owners Aid, Inc.Ohio Supreme Court · 1970

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