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Supreme Court of Ohio

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Did Legislature Violate Constitution in Diverting Proceeds of Tobacco Use Prevention Fund for Other Uses?

Plaintiffs Claim 2000 Bill Created Trust Not Subject to Future Reallocation

Board of Trustees of the Tobacco Use Prevention and Control Foundation et al. v. Kevin L. Boyce, Treasurer of State, et al., State of Ohio, et al. and Robert G. Miller, Jr., et al., etc., Case no. 2010-0118

10th District Court of Appeals (Franklin County)

ISSUE: Did 2008 legislation in which the General Assembly withdrew $230 million of the $264 million proceeds of Ohio's Tobacco Use Prevention and Control Endowment Fund and appropriated those funds to pay for non-tobacco related expenditures violate the retroactivity clause of the Ohio Constitution and/or the contracts clauses of the U.S. and state constitutions?