CITY OF DAYTON v. STATE

No. 20120.

157 Ohio App.3d 736 (2004)

2004-Ohio-3141

CITY OF DAYTON, Appellant, v. The STATE of Ohio, Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided June 18, 2004.


Attorney(s) appearing for the Case

Patrick J. Bonfield, Director of Law, John J. Danish, Chief Trial Counsel, and John C. Musto, Assistant City Attorney, Dayton, for appellant.

Jim Petro, Attorney General, Sharon A. Jennings and Holly J. Hunter, Assistant Attorneys General, Columbus, for appellee.

Barry M. Byron and Stephen L. Byron, Willoughby; John Gotherman, Columbus, for amicus curiae Ohio Municipal League.

Stanley A. Hirtle and Legal Aid Society of Dayton, Dayton, for amicus curiae Edgemont Neighborhood Coalition, Inc.

Michael W. Deemer and Ohio State Legal Services Association, Columbus, for amicus curiae Coalition on Homeless and Housing in Ohio.

John Winship Read, Cleveland, John J. Kulewicz and Elizabeth A. Fox, Columbus, for amicus curiae American Financial Services Association.


BROGAN, Judge.

I. Factual Background

{¶ 1} In July 2001, the city of Dayton passed Ordinance No. 29990-01, which prohibits predatory lending practices in Dayton, restricts the ability of predatory lenders to transact business with Dayton, and allows injured parties to bring civil actions to void or correct predatory loans. The ordinance was codified as Sections 112.40 through 112.44 of the Revised Code of General Ordinances of the City...

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