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CITY OF HAMILTON v. FAIRFIELD TWP.

Nos. CA95-05-085, CA95-05-088 and CA95-09-148.

112 Ohio App.3d 255 (1996)

CITY OF HAMILTON et al., Appellees and Cross-Appellants, v. FAIRFIELD TOWNSHIP, n.k.a. City of Indian Springs, et al., Appellants and Cross-Appellees.

Court of Appeals of Ohio, Twelfth District, Butler County.

Decided July 1, 1996.

Attorney(s) appearing for the Case

Gary L. Sheets, Hamilton City Law Director, for appellee and cross-appellant city of Hamilton.

Morgenstern & Gates Co., L.P.A., Roger S. Gates and Maxwell N. Wear, for appellant and cross-appellee Fairfield Township, n.k.a. Indian Springs.

POWELL, Judge.

This appeal concerns whether R.C. 709.50 violates several provisions of the Ohio Constitution. The General Assembly enacted R.C. 709.50 on May 26, 1994 as Am.Sub.S.B. No. 264. The statute became effective on September 29, 1994 and provides as follows:

"(A) Notwithstanding any other section of the Revised Code, when a township contains at least...

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