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IN RE COMPLAINT OF RESIDENTS OF STRUTHERS

No. 88-1147.

45 Ohio St. 3d 227 (1989)

IN RE COMPLAINT OF RESIDENTS OF STRUTHERS, OHIO, AGAINST ORDINANCE NO. 87-8482 OF THE CITY OF STRUTHERS.

Supreme Court of Ohio.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Breckenridge & McCroom and E. Winther McCroom, for appellants.

Anthony J. Celebrezze, Jr., attorney general, Robert S. Tongren and Thomas C. Nader, for appellee.

SWEENEY, J.

As a preliminary matter, it would appear that the Struthers ordinance is facially unconstitutional under Section 5, Article XVIII of the Ohio Constitution,1 since it was passed as an emergency measure and was effective "immediately." As emergency legislation, the ordinance appears to conflict with the thirty-days and referendum provisions of the aforementioned constitutional...

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