Opinion

Sun Oil Co. v. Lindley

  • 56 Ohio St. 2d 313
  • 10 Ohio Op. 3d 439
  • 383 N.E.2d 908
  • 1978 Ohio LEXIS 697
Court
Ohio Supreme Court
Filed
Dec 7, 1978
Status
Published
Author
Brown
On the bench
Brown, Celebrezze, Herbert, Leach, Locher, Sweeney
Cited by
7 cases

The opinion

Paul W. Brown, J.,

dissenting. Where, in the erection of a facility any portion of expense can be identified ¿ts required exclusively for air pollution control, a certificate of exemption is authorized by R. C. 5709.21. The purpose of this and related sections is to encourage design which brings about cleaner air. Inherent in the overall scheme is recognition of the fact that such design usually results in greatly increased expense. Such expense if clearly identifiable is certifiable as exempt. The “black box” or “component” approach to exemption used by the Board of Tax Appeals is in my opinion destructive of legislative intent evident in the statute.

Locher, J., concurs in the foregoing dissenting opinion.

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.

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