KRAUS v. CLEVELAND

No. 34190.

163 Ohio St. 559 (1955)

KRAUS, A TAXPAYER, APPELLANT, v. CITY OF CLEVELAND ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 29, 1955.


Attorney(s) appearing for the Case

Mr. William J. Kraus, in propria persona.

Mr. Ralph S. Locher, director of law, Mr. Joseph H. Crowley and Mr. Burt J. Fulton, for appellees.


MATTHIAS, J.

Essentially, the plaintiff attacks the legislation on two grounds, first, that it infringes upon certain of his fundamental liberties, and, second, that it conflicts with certain statutes of the state and is beyond any power granted to municipalities by the laws and the Constitution of Ohio.

The police power is vested in municipalities by Section 3, Article 18 of the Ohio Constitution, which is as follows:

"Municipalities shall have authority...

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