CITY OF URBANA, EX REL. NEWLIN v. DOWNING

No. 88-30.

43 Ohio St. 3d 109 (1989)

CITY OF URBANA, EX REL. NEWLIN, DIR. OF LAW, APPELLEE, v. DOWNING ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 24, 1989.


Attorney(s) appearing for the Case

Joseph A. Palmer, for appellee.

Michael W. Hemm, Shulman & Hall and Thomas G. Kramer, for appellants.

Paul F. Moke and Elinor R. Alger, urging reversal for amicus curiae, American Civil Liberties Union of Ohio Foundation, Inc.


WRIGHT, J.

The defendants-appellants raise ten propositions of law, including challenges to the jurisdiction of the Urbana Municipal Court to rule whether the five magazines at issue are obscene. For the reasons that follow we affirm the lower court's rulings.

In their first and third propositions of law, the defendants-appellants challenge the subject-matter jurisdiction of the Urbana Municipal Court to hear this declaratory judgment action. The trial court...

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