Legal Opinion

Cookie's Diner, Inc. v. Columbus Board of Health

Franklin County Municipal Court

Decided August 9, 1994No. M9406EVH-072319PublishedCited by 3 opinions

1Opinion of the Court

Richard C. Pfeiffer, Judge.

A. Overview

This matter is about whether the Columbus Board of Health (“the City Board”) and the Franklin County District Board of Health (“the County Board”) have the power to promulgate certain regulations relative to smoking in enclosed areas where the public is invited. This matter is not about whether those regulations are good public policy or bad public policy.

The City Board is a five-person body whose members are appointed by the head of the executive branch of the city of Columbus — the Mayor, a public official elected directly by voters who are residents of…

2Cases cited13 opinions

  1. Boreali v. AxelrodNew York Court of Appeals · 1987
  2. Zucht v. KingSupreme Court of the United States · 1922
  3. Belden v. Union Central Life Ins.Ohio Supreme Court · 1944
  4. Matz v. J. L. Curtis Cartage Co.Ohio Supreme Court · 1937
  5. Johnson's Markets, Inc. v. New Carlisle Department of HealthOhio Supreme Court · 1991

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3Cited by3 opinions

  1. D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of HealthOhio Supreme Court · 2002
  2. D.A.B.E., Inc. v. Toledo-Lucas County Bd. of HealthOhio Supreme Court · 2002
  3. City of Roanoke Rapids v. PeedinCourt of Appeals of North Carolina · 1996

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