Opinion

In Re Appeal of Lauderbach

63 Ohio App. 2d 157
17 Ohio Op. 3d 362
410 N.E.2d 773
1978 Ohio App. LEXIS 7706

Court: Ohio Court of Appeals
Filed: Dec 26, 1978
Status: Published
Author: Holmes
On the bench: Whiteside, Holmes, Strausbaugh
Cited by: 3 cases

The opinion

Holmes, P. J.,

concurring. I concur in the judgment, and that part of the decision which concludes that the trial court did not err in holding that the order of the Personnel Board of Review was not supported by reliable, probative, and substantial evidence.

As to that portion of the decision relating to the right of the Department of Agriculture to appeal the judgment of the Common Pleas Court, I am in agreement that the motion to dismiss should be sustained in that the decision of the Common Pleas Court was upon the factual basis as above stated, and thus not appealable under R. C. 119.12.

However, I am not in agreement that the Department of Agriculture may not qualify as an agency within the contemplation of R. C. 119.12 for an appeal in an appropriate case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.