# Clermont County ADAMH Board v. Hogan

> Ohio Supreme Court · August 13, 1997 · 79 Ohio St. 3d 358

URL: https://www.frixlaw.com/law-library/cases/6775967

## Case

- **Full name:** Clermont County ADAMH Board, and v. Hogan, Dir., Appellants Ohio Coalition of ADAMH/CMH Boards, and
- **Court:** Ohio Supreme Court
- **Decided:** August 13, 1997
- **Citations:** 79 Ohio St. 3d 358; 681 N.E.2d 1322
- **Precedential status:** Published
- **Opinion:** Concurrence by Cook
- **Judges:** Cook, Douglas, Moyer, Only, Pfeifer, Resnick, Stratton, Sweeney
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6775967

## Opinion text

Cook, J.,
concurring in judgment only. Because the trial court’s bifurcation order prevents this court from determining whether the Director of Mental Health violated any statutory obligation other than that imposed by R.C. 5119.62(B)(2), the syllabus language suggesting a degree of “discretion” in the Director’s role under R.C. 5119.62(B)(1) is advisory. While I express no opinion as to the accuracy of the majority’s limited interpretation of R.C. 5119.62(B)(1), I believe that the interpretation is an invalid exercise of our judicial authority. Accordingly, I concur in judgment only.
Douglas, J., concurs in the foregoing opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6775967. Public record. Not legal advice.