YAJNIK v. AKRON DEPT. OF HEALTH, HOUS. DIV.

No. 2002-1488.

101 Ohio St.3d 106 (2004)

2004-Ohio-357.

YAJNIK ET AL., APPELLEES, v. AKRON DEPARTMENT OF HEALTH, HOUSING DIVISION, APPELLANT.

Supreme Court of Ohio.

Decided February 11, 2004.


Attorney(s) appearing for the Case

Dean Konstand, for appellees.

Max Rothal, Akron Law Director, and John R. York, Assistant Law Director, for appellant.

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


MOYER, C.J.

{¶ 1} The issue presented in this case is whether Akron Codified Ordinances ("A.C.O.") 150.40(A)(2) as applied to Ashvin and Shobhana Yajnik violates the Due Process Clause of the Ohio Constitution. We hold that the Yajniks have not satisfied their burden to prove that the law is unconstitutional beyond a reasonable doubt.

I

{¶ 2} The Yajniks own rental units with approximately 50 different addresses in the city of Akron. On...

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