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AUXTER v. TOLEDO

No. 37352.

173 Ohio St. 444 (1962)

AUXTER, D. B. A. VIC'S CARRY OUT, APPELLANT, v. CITY OF TOLEDO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 27, 1962.

Attorney(s) appearing for the Case

Messrs. Green & Green, for appellant.

Mr. Louis R. Young, director of law, and Mr. John J. Burkhart, for appellees.

TAFT, J.

Both parties agree that the only question to be determined in the instant case is whether Section 25-2-3 of the Toledo Municipal Code conflicts with the general laws of the state. If that section of the Toledo Municipal Code is a police regulation and does so conflict, then the limitations of Section 3 of Article XVIII of the Ohio Constitution will prevent it from being effective.

It is apparently contended in a brief filed in this case on behalf...

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