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CARSEY v. MANSFIELD

No. 1204.

37 Ohio App. 2d 141 (1973)

CARSEY, APPELLANT, v. CITY OF MANSFIELD, APPELLEE.

Court of Appeals of Ohio, Richland County.

Decided January 3, 1973.

Attorney(s) appearing for the Case

Messrs. Weldon, Huston & Keyser, for appellant.

Mr. Robert K. Rath, city solicitor, and Mr. William F. Gandert, for appellee.

PUTMAN, J.

James Carsey complains that he was convicted in 1972 of violating a 1954 city of Mansfield zoning ordinance which had been repealed by a 1971 Mansfield zoning ordinance.

In an earlier prosecution for the violation of the 1971 ordinance, he won an acquittal by persuading the same municipal judge that the 1971 ordinance had never been legally enacted.

We hold that an objection to the validity of an ordinance upon which a prosecution is based...

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