OPUS III-VII Corp. v. Ohio State Board of Pharmacy

Petree, Judge.

This matter is before this court upon the appeal of plaintiff, OPUS III-VII Corporation (“OPUS”), from a judgment of the Franklin County Court of Common Pleas denying OPUS’s request for injunctive and declaratory relief.

Upon appeal, OPUS sets forth four assignments of error:

“I. The common pleas court erred by deferring to the Pharmacy Board’s power to interpret the meaning of ‘unopened’ in its own rule where the alleged ‘interpretation’ is plainly inconsistent with the express language of the rule, O.A.C. § 4729-9-04.

“II. The common pleas court erred by affirming a…