HILTON v. CITY OF TOLEDO

No. 79-1304.

62 Ohio St. 2d 394 (1980)

HILTON ET AL., APPELLEES, v. CITY OF TOLEDO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 18, 1980.


Attorney(s) appearing for the Case

Mr. James D. Nestroff and Mr. Morton E. Leveton, for appellees.

Mr. John A. DeVictor, Jr., assistant director of law, for appellants.


HERBERT, J.

The initial question presented herein is whether appellant is empowered, by virtue of the police power conferred upon it in Section 3 of Article XVIII of the Constitution of Ohio, to regulate the use of flashing portable signs within its territorial boundaries.

At the outset, appellant asserts that the lower courts failed to accord its exercise of municipal police power the presumption of constitutionality...

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