Legal Opinion · Dissent

Jurek v. Ohio Motor Vehicle Dealers Board

Ohio Court of Appeals

Decided December 5, 1994No. 66373Published

1DissentHarper, Judge

I respectfully dissent from the majority opinion, as the state has failed miserably to justify the rational basis for this unwarranted discrimination between two classes of people equally situated. It is my opinion that both R.C. 4517.12(B) and Ohio Adm.Code 4501:1-3-09 are unconstitutional, and I will explain below.

R.C. 4517.12(B) provides in relevant part as follows:

“If the applicant is a corporation or partnership, the registrar may refuse to issue a license if any officer, director, or partner of the applicant has been guilty of any act or omission that would be cause for refusing or…

2Cases cited3 opinions

  1. Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
  2. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  3. Geisert v. Ohio Motor Vehicle Dealers BoardOhio Court of Appeals · 1993

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API