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RISPO REALTY & DEVELOPMENT CO. v. CITY OF PARMA

No. 89-1514.

55 Ohio St. 3d 101 (1990)

RISPO REALTY & DEVELOPMENT COMPANY ET AL., APPELLANTS AND CROSS-APPELLEES, v. CITY OF PARMA, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided December 5, 1990.

Attorney(s) appearing for the Case

Weston, Hurd, Fallon, Paisley & Howley, Ronald A. Rispo and Robert G. Shumay, for appellants and cross-appellees.

Christopher A. Boyko, law director, and Robin B. DeBell, for appellee and cross-appellant.

Walter, Haverfield, Buescher & Chockley, Charles T. Riehl, Jonathan D. Greenberg and Richard T. Hamilton, Jr., urging affirmance for amicus curiae, city of Solon.

MOYER, C.J.

Parma asserts that, as a noncharter municipality and under powers it claims to possess pursuant to the "home rule" provision of Section 3, Article XVIII of the Ohio Constitution, it has the authority to enact zoning ordinances that are irreconcilable with the statutory scheme adopted by the state. For the reasons that follow, we hold that a noncharter municipality may not adopt a zoning ordinance that contains automatic referendum and ward veto provisions...

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