WILSON v. CINCINNATI

No. 75-622.

46 Ohio St. 2d 138 (1976)

WILSON, APPELLANT AND CROSS-APPELLEE, v. CITY OF CINCINNATI, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided May 5, 1976.


Attorney(s) appearing for the Case

Messrs. Frost & Jacobs and Mr. R. O. Klausmeyer, for appellant and cross-appellee.

Mr. Thomas A. Luebbers, city solicitor, and Mr. Ely M. T. Ryder, for appellee and cross-appellant.


HERBERT, J.

Appellant contends initially that the warranty established by subsection (D) of Ordinance No. 556-1973 is contrary to the common law in this state and, therefore, represents an unconstitutional exercise of the city's police power.

Section 3 of Article XVIII of the Constitution of Ohio, commonly known as the "home rule" amendment, provides:

"Municipalities shall have authority to exercise all powers of local self-government and to adopt...

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