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VILLAGE OF BEACHWOOD v. BOARD OF ELECTIONS OF CUYAHOGA COUNTY

No. 35285.

167 Ohio St. 369 (1958)

VILLAGE OF BEACHWOOD, APPELLANT, v. BOARD OF ELECTIONS OF CUYAHOGA COUNTY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 19, 1958.

Attorney(s) appearing for the Case

Messrs. Baskin, Kelley, Lausche & Heavilin and Mr. Walter C. Kelley, Jr., for appellant.

Mr. John J. Corrigan, prosecuting attorney, and Mr. Saul S. Danaceau, for appellees.

MATTHIAS, J.

The principal question presented by this appeal is whether the procedure which must be followed for the detachment of territory from a municipality is a subject within the sphere of local self-government under the home-rule provisions of Article XVIII of the Ohio Constitution.

Sections 3 and 7 of Article XVIII, which confer home-rule power on municipalities, provide as follows:

"Municipalities shall have authority to exercise all powers...

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