Seal of the State of Ohio. Click here to return to the Supreme Court home page. The Supreme Court of Ohio & The Ohio Judicial System. Click here to return to the Supreme Court home page. Line Drawing of the Ohio Judicial Center. Click here to return to the Supreme Court home page.
Spacer image

The Supreme Court of Ohio & The Ohio Judicial System

Clerk's Office
65 South Front Street, 8th Floor
Columbus, Ohio 43215-3431
800.826.9010
614.387.9530

Sandra H. Grosko
Clerk

Search Results: Case Number 2008-2018

The Supreme Court of Ohio

CASE INFORMATION

GENERAL INFORMATION

Case: 2008-2018 Discretionary Appeal (Non-felony)
Filed: 10/17/08
Status: Case Is Disposed
Ohio Grocers Association et al. v. William W. Wilkins [Richard A. Levin], in his official capacity as Ohio Tax Commissioner

PARTIES and ATTORNEYS

American Federation of State, County and Municipal Employees (Amicus Curiae on behalf of Appellant)
  Represented by:
    Walter, Robert (9491) , Counsel of Record
Melle, James (9493)
Buckeye Association of School Administrators (Amicus Curiae on behalf of Appellant)
  Represented by:
    Livingstone, Fred (9528) , Counsel of Record
Mottley, James (55164)
Stelter, Judson (84295)
Buckeye State Sheriffs' Association (Amicus Curiae on behalf of Appellant)
  Represented by:
    Byron, Stephen (55657) , Counsel of Record
Gotherman, John (504)
Schaltenbrand, Rebecca (64817)
Smith, Stephen (1344)
Coalition on Homelessness & Housing in Ohio (Amicus Curiae on behalf of Appellant)
  Represented by:
    Bergeron, Pierre (71402) , Counsel of Record
Amrine, Thomas (72060)
Communications Workers of America District 4 (Amicus Curiae on behalf of Appellant)
  Represented by:
    Walter, Robert (9491) , Counsel of Record
Melle, James (9493)
Corporation for Ohio Appalachian Development (Amicus Curiae on behalf of Appellant)
  Represented by:
    Bergeron, Pierre (71402) , Counsel of Record
Amrine, Thomas (72060)
County Commissioners Association of Ohio (Amicus Curiae on behalf of Appellant)
  Represented by:
    Byron, Stephen (55657) , Counsel of Record
Gotherman, John (504)
Schaltenbrand, Rebecca (64817)
Smith, Stephen (1344)
Fraternal Order of Police of Ohio, Incorporated (Amicus Curiae on behalf of Appellant)
  Represented by:
    Walter, Robert (9491) , Counsel of Record
Melle, James (9493)
Multistate Tax Commission (Amicus Curiae on behalf of Appellant)
  Represented by:
    Laskin, Sheldon (0000000) , Counsel of Record
Sicilian, Shirley (0000000)
Ohio AFL-CIO (Amicus Curiae on behalf of Appellant)
  Represented by:
    Walter, Robert (9491) , Counsel of Record
Melle, James (9493)
Ohio Association of Free Clinics (Amicus Curiae on behalf of Appellant)
  Represented by:
    Bergeron, Pierre (71402) , Counsel of Record
Amrine, Thomas (72060)
Ohio Association of Professional Firefighters (Amicus Curiae on behalf of Appellant)
  Represented by:
    Walter, Robert (9491) , Counsel of Record
Melle, James (9493)
Ohio Association of Public School Employees (OAPSE)/AFSCME L (Amicus Curiae on behalf of Appellant)
  Represented by:
    Walter, Robert (9491) , Counsel of Record
Melle, James (9493)
Ohio Association of School Business Officials (Amicus Curiae on behalf of Appellant)
  Represented by:
    Livingstone, Fred (9528) , Counsel of Record
Mottley, James (55164)
Stelter, Judson (84295)
Ohio Business Roundtable (Amicus Curiae on behalf of Appellant)
  Represented by:
    Farrin, Richard (22850) , Counsel of Record
Trafford, Kathleen (21753)
Zaino, Thomas (41945)
Ohio Chemistry Technology Council (Amicus Curiae on behalf of Appellant)
  Represented by:
    Tunnell, Kurtis (38569) , Counsel of Record
Engel, Mark (19486)
Sferra, Anne (30855)
Ohio Council of Behavioral Health & Family Services Provider (Amicus Curiae on behalf of Appellant)
  Represented by:
    Bergeron, Pierre (71402) , Counsel of Record
Amrine, Thomas (72060)
Ohio Dental Association (Amicus Curiae on behalf of Appellant)
  Represented by:
    Tunnell, Kurtis (38569) , Counsel of Record
Engel, Mark (19486)
Sferra, Anne (30855)
Ohio Education Association (Amicus Curiae on behalf of Appellant)
  Represented by:
    Walter, Robert (9491) , Counsel of Record
Melle, James (9493)
Ohio Federation of Teachers (Amicus Curiae on behalf of Appellant)
  Represented by:
    Walter, Robert (9491) , Counsel of Record
Melle, James (9493)
Ohio Legal Assistance Foundation (Amicus Curiae on behalf of Appellant)
  Represented by:
    Bergeron, Pierre (71402) , Counsel of Record
Amrine, Thomas (72060)
Ohio Manufacturers' Association (Amicus Curiae on behalf of Appellant)
  Represented by:
    Tunnell, Kurtis (38569) , Counsel of Record
Engel, Mark (19486)
Sferra, Anne (30855)
Ohio Municipal League (Amicus Curiae on behalf of Appellant)
  Represented by:
    Byron, Stephen (55657) , Counsel of Record
Gotherman, John (504)
Schaltenbrand, Rebecca (64817)
Smith, Stephen (1344)
Ohio School Boards Association (Amicus Curiae on behalf of Appellant)
  Represented by:
    Livingstone, Fred (9528) , Counsel of Record
Mottley, James (55164)
Stelter, Judson (84295)
Ohio Society of Certified Public Accountants (Amicus Curiae on behalf of Appellant)
  Represented by:
    Tunnell, Kurtis (38569) , Counsel of Record
Engel, Mark (19486)
Sferra, Anne (30855)
Ohio State Bar Association (Amicus Curiae on behalf of Appellant)
  Represented by:
    Tunnell, Kurtis (38569) , Counsel of Record
Engel, Mark (19486)
Sferra, Anne (30855)
Ohio State Medical Association (Amicus Curiae on behalf of Appellant)
  Represented by:
    Tunnell, Kurtis (38569) , Counsel of Record
Engel, Mark (19486)
Sferra, Anne (30855)
Ohio Township Association (Amicus Curiae on behalf of Appellant)
  Represented by:
    Byron, Stephen (55657) , Counsel of Record
Gotherman, John (504)
Schaltenbrand, Rebecca (64817)
Smith, Stephen (1344)
Service Employees International Union District 1199 (Amicus Curiae on behalf of Appellant)
  Represented by:
    Walter, Robert (9491) , Counsel of Record
Melle, James (9493)
The Buckeye Institute for Public Policy Solutions (Amicus Curiae on behalf of Appellee)
  Represented by:
    Thompson, Maurice (78548) , Counsel of Record
Henchman, Joseph (0000000)
The Ohio Restaurant Association (Amicus Curiae on behalf of Appellee)
  Represented by:
    Chappelear, Stephen (12205) , Counsel of Record
The Tax Foundation (Amicus Curiae on behalf of Appellee)
  Represented by:
    Thompson, Maurice (78548) , Counsel of Record
Henchman, Joseph (0000000)
Tyson Sales & Distribution, Inc. (Amicus Curiae on behalf of Appellee)
  Represented by:
    deVyver, Kristopher (72633) , Counsel of Record
Lima, Sara (0000000)
Sollie, Kyle (0000000)
Levin, Richard A. (Appellant)
  Represented by:
    Mizer, Benjamin (83089) , Counsel of Record
Brigner, Julie (66367)
Carney, Stephen (63460)
Cordray, Richard (38034)
Long, Elisabeth (84128)
Pratt, Lawrence (21870)
Carfagna's Incorporated (Appellee)
  Represented by:
    Gosnell, Gerhardt (64919) , Counsel of Record
Brey, Donald (21965)
Saxbe, Charles (21952)
CFZ Supermarkets, Inc. (Appellee)
  Represented by:
    Gosnell, Gerhardt (64919) , Counsel of Record
Brey, Donald (21965)
Saxbe, Charles (21952)
Ohio Grocers Association (Appellee)
  Represented by:
    Gosnell, Gerhardt (64919) , Counsel of Record
Brey, Donald (21965)
Saxbe, Charles (21952)
Reading Food Services, Inc. (Appellee)
  Represented by:
    Gosnell, Gerhardt (64919) , Counsel of Record
Brey, Donald (21965)
Saxbe, Charles (21952)
The Sanson Company (Appellee)
  Represented by:
    Gosnell, Gerhardt (64919) , Counsel of Record
Brey, Donald (21965)
Saxbe, Charles (21952)

PRIOR JURISDICTION
Jurisdiction Information Prior Decision Date Case Number(s)
Franklin County, 10th District Court of Appeals 09/02/2008 07AP813

DOCKET ITEMS
  • Most documents that were filed in Supreme Court cases after December 1, 2006, are scanned. They are available for viewing via the online dockets, generally within one business day from their date of filing.
  • Supreme Court orders that were issued after January 1, 2007, are also available via the online docket as PDFs. Orders scanned prior to April 6, 2009, may not bear the signature of the Chief Justice. These online orders are identical to the original orders in all other respects.
  • A symbol in an online docket denotes a scanned filing or an electronic version of a Supreme Court order. Clicking the icon opens an image of the filing or order.
Date Filed Description
10/17/08 View Notice of appeal of Richard A. Levin, Ohio Tax Commissioner
  Filed by: Levin, Richard
10/17/08 View Memorandum in support of jurisdiction
  Filed by: Levin, Richard
10/17/08 View Motion for admission pro hac vice of Michael Dominic Meuti
  Filed by: Levin, Richard
02/04/09: Granted
10/17/08 View Jurisdictional memorandum of amicus curiae Ohio Business Roundtable in support of appellant
  Filed by: Ohio Business Roundtable
10/17/08 View Jurisdictional memorandum of amici curiae Ohio Manufacturers' Association et al. in support of appellant
  Filed by: Ohio Chemistry Technology Council
  Filed by: Ohio Dental Association
  Filed by: Ohio Manufacturers' Association
  Filed by: Ohio Society of Certified Public Accountants
  Filed by: Ohio State Bar Association
  Filed by: Ohio State Medical Association
10/20/08 Copy of notice of appeal sent to clerk of court of appeals
10/31/08 View Waiver of memorandum in response
  Filed by: Carfagna's Incorporated
  Filed by: CFZ Supermarkets, Inc.
  Filed by: Ohio Grocers Association
  Filed by: Reading Food Services, Inc.
  Filed by: The Sanson Company
02/04/09 View DECISION: Appeal accepted
02/04/09 View Order to clerk of court/custodian to certify record
02/25/09 Record
02/25/09 Clerk's notice of filing of record
04/03/09 View Notice of appearance of Stephen P. Carney, Elisabeth A. Long, and Julie Brigner
  Filed by: Levin, Richard
04/03/09
See Above
And notice of withdrawal of Michael Dominic Meuti
  Filed by: Levin, Richard
04/03/09 View Brief of amici curiae Ohio Manufacturers' Association et al. in support of appellant
  Filed by: Ohio Chemistry Technology Council
  Filed by: Ohio Dental Association
  Filed by: Ohio Manufacturers' Association
  Filed by: Ohio Society of Certified Public Accountants
  Filed by: Ohio State Bar Association
  Filed by: Ohio State Medical Association
04/03/09 View Motion for admission pro hac vice of Sheldon H. Laskin for Multistate Tax Commission
  Filed by: Levin, Richard
View 06/03/09: Granted
04/03/09 View Motion for admission pro hac vice of Shirley K. Sicilian for Multistate Tax Commission
  Filed by: Levin, Richard
06/03/09: Granted
04/06/09 View Brief of amici curiae Ohio School Boards Association, Buckeye Association of School Administrators, and the Ohio Association of School Business Officials in support of appellant
  Filed by: Buckeye Association of School Administrators
  Filed by: Ohio Association of School Business Officials
  Filed by: Ohio School Boards Association
04/06/09 View Brief of amicus curiae Ohio Business Roundtable in support of appellant
  Filed by: Ohio Business Roundtable
04/06/09 View Brief of amici curiae Ohio Legal Assistance Foundation, Coalition on Homelessness & Housing in Ohio, Corporation for Ohio Appalachian Development, Ohio Association of Free Clinics, and Ohio Council of Behavioral Health & Family Services Providers in
  Filed by: Coalition on Homelessness & Housing in Ohio
  Filed by: Corporation for Ohio Appalachian Development
  Filed by: Ohio Association of Free Clinics
  Filed by: Ohio Council of Behavioral Health & Family Services Provider
  Filed by: Ohio Legal Assistance Foundation
04/06/09 View Brief of amici curiae Ohio AFL-CIO, American Federation of State, County, and Municipal Employees Ohio Council 8, Comunications Workers of America District 4, Fraternal Order of Police of Ohio, Incorporated, et al.
  Filed by: American Federation of State, County and Municipal Employees
  Filed by: Communications Workers of America District 4
  Filed by: Fraternal Order of Police of Ohio, Incorporated
  Filed by: Ohio AFL-CIO
  Filed by: Ohio Association of Professional Firefighters
  Filed by: Ohio Association of Public School Employees (OAPSE)/AFSCME L
  Filed by: Ohio Education Association
  Filed by: Ohio Federation of Teachers
  Filed by: Service Employees International Union District 1199
04/06/09 View Brief of amicus curiae Multistate Tax Commission in support of appellant
  Filed by: Multistate Tax Commission
04/06/09 View Appellant's merit brief
  Filed by: Levin, Richard
04/06/09 Supplement to brief
  Filed by: Levin, Richard
04/06/09 View Brief of amici curiae Ohio Municipal League, County Commissioners Association of Ohio, Ohio Township Association, and Buckeye State Sheriffs' Association in support of appellant
  Filed by: Buckeye State Sheriffs' Association
  Filed by: County Commissioners Association of Ohio
  Filed by: Ohio Municipal League
  Filed by: Ohio Township Association
04/17/09 View Stipulation to extension of time to file merit brief to 5/26/09
  Filed by: Carfagna's Incorporated
  Filed by: CFZ Supermarkets, Inc.
  Filed by: Ohio Grocers Association
  Filed by: Reading Food Services, Inc.
  Filed by: The Sanson Company
05/21/09 View Motion for admission pro hac vice of Kyle O. Sollie and Sara A. Lima
  Filed by: Tyson Sales & Distribution, Inc.
View 07/01/09: Granted
05/21/09 View Brief of amicus curiae Tyson Sales & Distribution, Inc. in support of appellee
  Filed by: Tyson Sales & Distribution, Inc.
05/26/09 View Appellees' merit brief
  Filed by: Carfagna's Incorporated
  Filed by: CFZ Supermarkets, Inc.
  Filed by: Ohio Grocers Association
  Filed by: Reading Food Services, Inc.
  Filed by: The Sanson Company
05/26/09 Second supplement to briefs
  Filed by: Carfagna's Incorporated
  Filed by: CFZ Supermarkets, Inc.
  Filed by: Ohio Grocers Association
  Filed by: Reading Food Services, Inc.
  Filed by: The Sanson Company
05/26/09 View Brief of amicus curiae The Ohio Restaurant Association in support of appellee
  Filed by: The Ohio Restaurant Association
05/26/09 View Appendix to brief of amicus curiae The Ohio Restaurant Association in support of appellee
  Filed by: The Ohio Restaurant Association
05/26/09 View Brief of amici curiae The Buckeye Institute for Public Policy Solutions and The Tax Foundation in support of appellee
  Filed by: The Buckeye Institute for Public Policy Solutions
  Filed by: The Tax Foundation
05/26/09 View Motion for admission pro hac vice of Joseph D. Henchman for The Buckeye Institute for Public Policy Solutions and The Tax Foundation
  Filed by: The Buckeye Institute for Public Policy Solutions
  Filed by: The Tax Foundation
View 07/29/09: Granted
05/28/09 View Stipulation to extension of time to file reply brief to 7/6/09
  Filed by: Levin, Richard
07/02/09 View Reply brief
  Filed by: Levin, Richard
07/06/09 View Reply brief of amicus curiae Ohio Business Roundtable
  Filed by: Ohio Business Roundtable
07/06/09 View Reply brief of amici curiae Ohio School Boards Association et al.
  Filed by: Buckeye Association of School Administrators
  Filed by: Ohio Association of School Business Officials
  Filed by: Ohio School Boards Association
07/08/09 Oral argument scheduled for Tuesday, September 1, 2009
07/09/09 View Notice of oral argument to be held on Tuesday, September 1, 2009
09/01/09 Oral argument held
09/17/09 View DECISION: Reversed. See opinion at 2009-Ohio-4872.
10/01/09 Certified copy of judgment entry/mandate sent to clerk
10/26/09 Return of record to clerk of court/custodian
10/26/09 Return receipt


 


Question or Comments? ECMS Online 1.2.9