BUCKEYE COMMUNITY HOPE FOUND. v. CITY OF CUYAHOGA FALLS

No. 97-137.

81 Ohio St.3d 559 (1998)

BUCKEYE COMMUNITY HOPE FOUNDATION ET AL., APPELLANTS, v. CITY OF CUYAHOGA FALLS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 6, 1998.


Attorney(s) appearing for the Case

Zeiger & Carpenter, John W. Zeiger, Jeffrey A. Lipps and Michael N. Beekhuizen; McFarland Law Office and J. Drew McFarland, for appellants.

Virgil Arrington, Jr., Cuyahoga Falls Deputy Law Director, for appellees city of Cuyahoga Falls, Cuyahoga Falls City Council, and Cuyahoga Falls Clerk of Council.

Maureen O'Connor, Summit County Prosecuting Attorney, and William E. Schultz, Assistant Prosecuting Attorney, for appellee Summit County Board of Elections.

Malcolm C. Douglas, urging affirmance for amicus curiae, South Solon Homeowners Association, Inc.

Roger Gupta, pro se, urging affirmance for amicus curiae, Dr. Roger Gupta, Emeritus Professor, Kent State University.

Walter & Haverfield P.L.L., Charles T. Riehl and Fredrick W. Whatley, urging reversal for amicus curiae, Cuyahoga County Law Directors Association.

Fair Housing Law Clinic, Edward G. Kramer, Diane E. Citrino and Kathy J. Grey; Porter, Wright, Morris & Arthur and Robert D. Anderle, urging reversal for amicus curiae, Coalition on Homelessness and Housing in Ohio.


DOUGLAS, J.

The trial court and court of appeals determined that the citizens of Cuyahoga Falls were entitled, by virtue of their city charter, to vote on the passage of Ordinance No. 48-1996. We agree. Accordingly, we affirm the judgment of the court of appeals.

Cuyahoga Falls, as a charter municipality, derives its sovereign power from Article XVIII of the Ohio Constitution. Before 1912, the time of the adoption...

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