Legal Opinion

Ohio Operating Engineers Apprenticeship Fund v. Kinney

Ohio Supreme Court

Decided March 26, 1980No. 79-674PublishedCited by 6 opinions

1Opinion of the CourtCelebrezze , C. J.

In determining the lawfulness of the board’s decision, we must note that “[a]n exemption is to be granted only upon a showing that that which is claimed to be exempt is clearly within the express meaning of the statute granting the exemption.” Ohio Children’s Society v. Porterfield (1971), 26 Ohio St. 2d 30, 32. However, “this strict construction must be tempered with reason.” Carney v. Cleveland City School Dish Public Library (1959), 169 Ohio St. 65, 67.

R. C. 5709.07 states, in pertinent part:

“***public colleges and academies and all buildings connected therewith, and all lands connected…

2Cases cited3 opinions

  1. Denison University v. Board of Tax AppealsOhio Supreme Court · 1965
  2. Ohio Children's Society, Inc. v. PorterfieldOhio Supreme Court · 1971
  3. Board of County Commissioners v. SupanickOhio Supreme Court · 1972

3Cited by6 opinions

  1. Christian Benevolent Ass'n of Greater Cincinnati, Inc. v. LimbachOhio Supreme Court · 1994
  2. American Chemical Society v. KinneyOhio Supreme Court · 1980
  3. West Side Deutscher Frauen Verein v. TracyOhio Supreme Court · 1997
  4. Christian Benevolent Ass'n of Greater Cincinnati, Inc. v. LimbachOhio Supreme Court · 1994
  5. Christian Benevolent Assn. of Greater Cincinnati, Inc. v. LimbachOhio Supreme Court · 1994

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