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VILLAGE OF LINNDALE v. STATE

No. 97-2493.

85 Ohio St.3d 52 (1999)

VILLAGE OF LINNDALE, APPELLEE, v. THE STATE OF OHIO, APPELLANT; CITY OF BLUE ASH. APPELLEE.

Supreme Court of Ohio.

Decided March 24, 1999.

Attorney(s) appearing for the Case

Gareau & Dubelko Co., L.P.A., and James M. Dubelko, for appellee village of Linndale, Ohio.

Betty D. Montgomery, Attorney General, Arthur J. Marziale, Jr., Elizabeth A. Scott and Jeffrey B. Hartranft, Assistant Attorneys General, for appellant.

Dinsmore & Shohl, L.L.P., Mark A. Vander Laan and James V. Schuster, for appellee city of Blue Ash, Ohio.

COOK, J.

This case turns on the question of whether R.C. 4549.17 is a general or a special law. If it is a general law, then it prevails over the local traffic laws of affected municipalities because a municipality's police regulation must yield to the state's general police regulation when the two conflict. If, however, R.C. 4549.17 is not a law applying to citizens generally, but an attempt to limit the powers of a municipal corporation to adopt or to enforce police...

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