Esselburne v. Ohio Department of Agriculture

I concur with the conclusion of the majority opinion that the decision of the Franklin County Court of Common Pleas be reversed and that the case be remanded to that court for the purpose of remanding the case to the State Personnel Board of Review for further proceedings resulting in a determination of the controlling factual issues involved in this case.

I agree with most of the reasoning in the majority opinion which, in my opinion, is a comprehensive discussion of the pertinent law applicable to this case. However, I specifically dissent from its holding that in every case that a person…