Morrow County Airport v. Whetstone Flyers, Ltd.

{¶ 42} I respectfully dissent from the majority’s disposition and analysis. The majority opinion concludes that the lease agreement entered into by the airport authority and Whetstone Flyers violates public policy; therefore, the lease is void ab initio. I respectfully disagree, finding that it is the public official’s action in entering into the lease that violates public policy, not the lease agreement itself.

{¶ 43} R.C. 2921.42 states:

{¶ 44} “(A) No public official shall knowingly do any of the following:

{¶ 45} “ * * *

{¶ 46} “(4) Have an interest in the profits or benefits of a public…