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Appeals court keeps Lima store open
February 07, 2012 6:05 PM
LIMA
The 3rd Ohio District Court of Appeals upheld a lower court's ruling that keeps a south side convenience store open that prosecutors wanted to close for drug dealing outside.
The court's ruling agrees with Judge Jeffrey Reed of Allen County Common Pleas Court, who ruled in May that Howard's E-Z Check Market at 1125 St. Johns Ave. is not responsible for the sale of illegal drugs outside the store. The Allen County Prosecutor's Office sought to close the business.
Reed ruled there was no clear and convincing proof the store's owners, Mose and Willa Howard, participated or aided the sale of illegal drugs outside. In the same ruling, Reed said there was evidence the Howards knew drug dealing was taking place and could have done more to stop it.
The ruling said the Howards did call the police and give the names of drug dealers to police. They also closed the store earlier to limit activity and stopped renting an apartment at the location, which had been used for drug dealing.
The 3rd Ohio District Court of Appeals upheld a lower court's ruling that keeps a south side convenience store open that prosecutors wanted to close for drug dealing outside.
The court's ruling agrees with Judge Jeffrey Reed of Allen County Common Pleas Court, who ruled in May that Howard's E-Z Check Market at 1125 St. Johns Ave. is not responsible for the sale of illegal drugs outside the store. The Allen County Prosecutor's Office sought to close the business.
Reed ruled there was no clear and convincing proof the store's owners, Mose and Willa Howard, participated or aided the sale of illegal drugs outside. In the same ruling, Reed said there was evidence the Howards knew drug dealing was taking place and could have done more to stop it.
The ruling said the Howards did call the police and give the names of drug dealers to police. They also closed the store earlier to limit activity and stopped renting an apartment at the location, which had been used for drug dealing.
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