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2008-1337. Williams v. Spitzer Autoworld Canton, L.L.C., Slip Opinion No. 2009-Ohio-3554. Stark App. No. 2007 CA 00187, 2008-Ohio-2535. Judgment reversed. Moyer, C.J., and Lundberg Stratton, O'Connor, O'Donnell, and Cupp, JJ., concur. Pfeifer, J., concurs in judgment only. Lanzinger, J., concurs in syllabus paragraph 2 and judgment only. Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-3554.pdf Please note:Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion released by the Court, but only for those cases considered noteworthy or of great public interest. Opinion summaries are not to be considered as official headnotes…show more content…
... A rule that is in conflict with law is invalid and unconstitutional because it usurps the General Assembly’s legislative function. Here, Ohio Adm. Code 109:4-3-16(B)(22) provides that an automobile dealer violates the CSPA if it fails to integrate all oral representations and promises made prior to obtaining the consumer’s signature on the written contract into that contract. To the extent that Ohio Adm. Code 109:4-3-16(B)(22) conflicts with the parol evidence rule as codified by R.C. 1302.05 and allows parol evidence contradicting the final written contract, Ohio Adm. Code 109:4-3-16(B)(22) constitutes an unconstitutional usurpation of the General Assembly’s legislative function and is therefore invalid.” Chief Justice Thomas J. Moyer and Justices Evelyn Lundberg Stratton, Maureen O’Connor and Robert R. Cupp concurred with Justice O’Donnell’s opinion. Justice Paul E. Pfeifer concurred in judgment only. Justice Judith Ann Lanzinger concurred with the majority in judgment and in the portion of the syllabus holding that the parol evidence rule is applicable to actions brought under the

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