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VILLAGE OF SHEFFIELD v. ROWLAND

No. 98-1674.

87 Ohio St.3d 9 (1999)

VILLAGE OF SHEFFIELD, APPELLANT, v. ROWLAND, D.B.A. ROWLAND ENTERPRISES, APPELLEE.

Supreme Court of Ohio.

Decided October 13, 1999.

Attorney(s) appearing for the Case

Michael Szekely; Ward & Associates, Alan E. Johnson and Leo R. Ward, for appellant.

Baumgartner & O'Toole, Daniel D. Mason and Kenneth S. Stumphauzer, for appellee Billy S. Rowland, d.b.a. Rowland Enterprises, assignee in interest to Browning-Ferris Industries of Ohio, Inc.

Barrett & Weber, C. Francis Barrett and M. Michele Fleming, urging affirmance for amicus curiae, Browning-Ferris Industries of Ohio, Inc.

Barry M. Byron, Stephen L. Byron and John Gotherman, urging reversal for amicus curiae, Ohio Municipal League.

PFEIFER, J.

In this case, we must determine whether Sections 660.19 and 1155.05 of the Sheffield Village Codified Ordinances are in conflict with R.C. Chapter 3714. For the reasons that follow, we determine that they are.

Section 3, Article XVIII of the Ohio Constitution states that "[m]unicipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar...

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