Opinion

Cogswell Hall, Inc. v. Kinney

30 Ohio St. 3d 43
30 Ohio B. 85
506 N.E.2d 209
1987 Ohio LEXIS 263

Court: Ohio Supreme Court
Filed: Apr 15, 1987
Status: Published
Author: Locher
On the bench: Brown, Douglas, Holmes, Locher, Moyer, Only, Sweeney, Wright
Cited by: 1 cases
Authority: More cited than 15.1%

The opinion

Locher, J.,

concurring in judgment only. I recognize that the instant case does not involve any claim for exemption of the property in question under R.C. 5709.12 as a “* * * home for the aged, as defined in section 5701.13 of the Revised Code * * However, I also recognize that the average age of the residents at Cogswell Hall is between seventy-eight and eighty years.

Thus, I concur separately for the reasons expressed in my concurrence in part and dissent in part in Ohio Presbyterian Homes v. Kinney (1984), 9 Ohio St. 3d 90, 96 , 9 OBR 319, 324, 459 N.E.2d 500, 505 . I once again strongly urge the legislature to weigh the results of today’s decision against the contributions of this state’s senior citizens and remedy the technicalities that negate the debt we owe to them.

Wright, J., concurs in the foregoing opinion.

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