AM. FINANCIAL SERVS. v. CLEVELAND

Nos. 2005-0160 and 2005-0161.

112 Ohio St.3d 170 (2006)

2006-Ohio-6043

AMERICAN FINANCIAL SERVICES ASSOCIATION ET AL., APPELLANTS, v. CITY OF CLEVELAND, APPELLEE.

Supreme Court of Ohio.

Decided November 20, 2006.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, L.L.P., John Winship Read, and John J. Kulewicz, for appellant American Financial Services Association.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, and Sharon A. Jennings and Holly J. Hunt, Assistant Attorneys General, for appellant Attorney General of Ohio.

Teresa M. Beasley, Cleveland Director of Law, Thomas J. Kaiser, Chief Trial Counsel, and Joseph G. Hajjar, Assistant Director of Law, for appellee.

Bricker & Eckler, L.L.P., and Luther Liggett Jr., urging reversal for amicus curiae Ohio Mortgage Bankers Association.

The Brunner Firm Co., L.P.A., Rick L. Brunner, Michael S. Kolman, and Rebecca L. Egelhoff, urging reversal for amicus curiae Ohio Association of Mortgage Brokers.

Jeffrey D. Quayle; Thompson Hine, L.L.P., Jeffery E. Smith, John T. Sunderland, and Craig A. Calcaterra, urging reversal for amicus curiae Ohio Bankers League.

Legal Aid Society of Cleveland, Julie K. Robie, Harold L. Williams, and Andrea K. Price, urging affirmance for amicus curiae East Side Organizing Project.

Advocates for Basic Legal Equality and Stanley A. Hirtle, urging affirmance for amicus curiae Edgemont Neighborhood Coalition.

Byron & Byron Co., L.P.A., Barry M. Byron, and Stephen L. Byron; and John E. Gotherman, urging affirmance for amici curiae Ohio Municipal League and International Municipal Lawyers Association.


O'DONNELL, J.

{¶ 1} We are called upon again to consider the Home Rule Amendment to the Ohio Constitution—this time in connection with predatory lending, the subject of legislation enacted by the Ohio General Assembly commonly known as Sub.H.B. No. 386 and of local ordinances in the cities of Dayton and Cleveland.

{¶ 2} This case has been certified to us as a conflict between the Second District Court...

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