Hotel Hollenden, Inc. v. Crouch

Ohio Supreme Court

Hotel Hollenden, Inc. v. Crouch

171 Ohio St. (N.S.) 528

CourtOhio Supreme Court

DecidedFebruary 23, 1961

DocketNo. 36582

StatusPublished

This text of 171 Ohio St. (N.S.) 528 (Hotel Hollenden, Inc. v. Crouch) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hotel Hollenden, Inc. v. Crouch, 171 Ohio St. (N.S.) 528 (Ohio 1961).

Pincite

Opinion

Per Curiam.

The questions of the merits of the order of suspension, the severity of the penalty exacted, and the authority of the board to suspend or revoke but one of several permits held by a permit holder, although styled a “duplicate,” are not before the court in this cause. The question here presented is simply whether the director has the authority to modify the order of the board and effectuate suspensions of certificates which the board could have suspended but did not, and thus assume the power of an appellate or supervisory tribunal.

This court is of the opinion that the director does not have such authority. Only the board has authority to suspend permits.

The judgment of the Court of Appeals, affirming the judgment of the trial court granting injunctive relief, is affirmed.

Judgment affirmed.

Weygandt, C. J., Zimmerman, Taet, Matthias, Bell, Herbert and O’Neill, JJ., concur.

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Per Curiam.

The questions of the merits of the order of suspension, the severity of the penalty exacted, and the authority of the board to suspend or revoke but one of several permits held by a permit holder, although styled a “duplicate,” are not before the court in this cause. The question here presented is simply whether the director has the authority to modify the order of the board and effectuate suspensions of certificates which the board could have suspended but did not, and thus assume the power of an appellate or supervisory tribunal.

This court is of the opinion that the director does not have such authority. Only the board has authority to suspend permits.

The judgment of the Court of Appeals, affirming the judgment of the trial court granting injunctive relief, is affirmed.

Judgment affirmed.

Weygandt, C. J., Zimmerman, Taet, Matthias, Bell, Herbert and O’Neill, JJ., concur.

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Bluebook (online)

171 Ohio St. (N.S.) 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hotel-hollenden-inc-v-crouch-ohio-1961.