Opinion

Kelleys Island Caddy Shack, Inc. v. Zaino

  • 96 Ohio St. 3d 375
  • 775 N.E.2d 489
Court
Ohio Supreme Court
Filed
Oct 2, 2002
Status
Published
Author
Pfeifer
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
Cited by
7 cases
Authority
More cited than 15.3%

The opinion

Pfeifer, J.,

dissenting.

{¶ 20} I dissent because I believe that the majority’s decision may be the first cut in an eventual whittling away of the Uniformity Clause. While we can conceive of a way that vendors in communities other than Put-in-Bay and Kelleys Island might some day be subject to the resort tax, the reality is that the vendors on the islands are the only targets of this tax, just as they were in Put-In-Bay Island Taxing Dist. Auth. v. Colonial, Inc. (1992), 65 Ohio St.3d 449 , 605 N.E.2d 21 . Perhaps the majority believes that this court should have found that the island tax in Putr-In-Bay satisfied the Uniformity Clause, since another ice age might yet produce another Lake Erie island that would be subject to the tax. It’s conceivable.

Michael J. Yemc, Jr. and John L. Alden, for appellant.

Betty D. Montgomery, Attorney General, and James C. Sauer, Assistant Attorney General, for appellee.

{¶ 21} In my mind, the resort tax is the island tax in different words. The framers of the Ohio Constitution included the Uniformity Clause for a reason. It should not be undone by legislation by thesaurus.

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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