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RIDGLEY, INC. v. WADSWORTH BD. OF ZONING APPEALS

No. 86-260.

28 Ohio St. 3d 357 (1986)

RIDGLEY, INC., APPELLANT, v. BOARD OF ZONING APPEALS, CITY OF WADSWORTH, APPELLEE.

Supreme Court of Ohio.

Decided December 30, 1986.

Attorney(s) appearing for the Case

Williams, Batchelder, Johnson & Bux and C. Nevada Johnson, Jr., for appellant.

Norman E. Brogue, law director, for appellee.

DOUGLAS, J.

The issue presented in this case is whether a municipality is preempted by operation of state law from regulating, pursuant to the authority of local zoning ordinances, the retail sale of alcoholic beverages within that municipality. We answer in the negative.

Section 3, Article XVIII of the Ohio Constitution, known as the home rule provision, provides:

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

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