JOHN FITHIAN CONTRACTING CO. v. CITY OF SALEM

No. 07 CO 33.

2008 Ohio 5055

John Fithian Contracting Co., Plaintiff-Appellant, v. City of Salem, Defendant-Appellee.

Court of Appeals of Ohio, Seventh District, Columbiana County.

Dated: September 25, 2008.


Attorney(s) appearing for the Case

Attorney Neil Schor, 26 Market Street, Suite 1200, P.O. Box 6077, Youngstown, Ohio 44501-6077, for Plaintiff-Appellant.

Attorney C. Brooke Zellers, 166 North Union Avenue, Salem, Ohio 44460, for Defendant-Appellee.

Before: Hon. Joseph J. Vukovich, Hon. Mary DeGenaro, Hon. Cheryl L. Waite.


OPINION

VUKOVICH, J.

{¶1} Plaintiff-appellantJohn Fithian Contracting Company appeals the decision of the Columbiana County Common Pleas Court denying its request to declare that defendant-appellee City of Salem acted unlawfully when it charged him a contractor's registration fee and that its ordinance pertaining to such fee was unconstitutional. Procedurally, we are asked to determine whether the trial court's entry in this declaratory...

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