From Gongwer:

The 10th District Court of Appeals today struck down as unconstitutional application of the state’s commercial activity tax (CAT) to retail grocers and food wholesalers.

The unanimous decision overturned a ruling from Franklin County common pleas court in a lawsuit the Ohio Grocers Association and others filed against the State Tax Commissioner.

It was quite unfortunate to have former Lt. Governor Bruce Johnson and other Republican leaders who helped create the CAT tax also denied that the Ohio Constitution explicitly prohibits taxation on food.