LIMA v. STATE

Nos. 2008-0128 and 2008-0418.

122 Ohio St.3d 155 (2009)

2009-Ohio-2597

THE CITY OF LIMA, Appellee, v. THE STATE OF OHIO, Appellant. THE CITY OF AKRON, Appellee, v. THE STATE OF OHIO ET AL., Appellants.

Supreme Court of Ohio.

Decided June 10, 2009.


Attorney(s) appearing for the Case

Anthony L. Geiger, Director of Law, for appellee city of Lima in case No. 2008-0128.

Max Rothal, Director of Law, and Deborah M. Forfia and Stephanie H. York, Assistant Directors of Law, for appellees city of Akron and Mayor Donald L. Plusquellic in case No. 2008-0418.

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Michael L. Stokes, Assistant Solicitor, and Pearl M. Chin and Sharon A. Jennings, Assistant Attorneys General, for appellant state of Ohio.

Faulkner, Muskovitz & Phillips, L.L.P., Susannah Muskovitz, Robert M. Phillips, and Ryan J. Lemmerbrock, for appellants Fraternal Order of Police, Akron Lodge No. 7, Akron Firefighters Association, IAFF Local 330, Paul Hlynsky, and Phil Gauer in case No. 2008-0418.

Livorno & Arnett Co., L.P.A., and Henry A. Arnett, urging reversal for amicus curiae Ohio Association of Professional Fire Fighters.

Iris Torres Guglucello, Director of Law, and Anthony J. Farris, Deputy Director of Law; and The Chandra Law Firm, L.L.C., Subodh Chandra, and Jaime Bouvier, urging affirmance for amicus curiae city of Youngstown.

Green & Green, Thomas M. Green, Patrick J. Bonfield, Jane M. Lynch, and Jared A. Wagner, urging affirmance in case No. 2008-0128 for amicus curiae city of Dayton.

Paul L. Cox and Gwen Callender, urging reversal in case No. 2008-0128 for amicus curiae Fraternal Order of Police of Ohio, Inc.

Schottenstein, Zox & Dunn Co., L.P.A., Stephen L. Byron, and Stephen J. Smith; and John Gotherman, urging affirmance for amicus curiae Ohio Municipal League.

Adam Loukx, Acting Director of Law, and John Madigan, General Counsel, urging affirmance for amicus curiae city of Toledo.

Matthew J. Rossman, urging affirmance in case No. 2008-0128 for amicus curiae Urban Development Lab, Case Western University School of Law.

Dolores F. Torriero, urging affirmance in case No. 2008-0128 for amicus curiae Ohio Public Employer Labor Relations Association.

Robert J. Triozzi, Director of Law, Thomas J. Kaiser, Chief Trial Counsel, and Gary S. Singletary, Assistant Director of Law, urging affirmance in case No. 2008-0128 for amicus curiae city of Cleveland.

The Law Offices of Warner Mendenhall, Inc., Warner Mendenhall, and Jacquenette S. Corgan, urging reversal in case No. 2008-0418 for amicus curiae Jon K. Burdeshaw.


PFEIFER, J.

{¶ 1} R.C. 9.481(B)(1) states that "no political subdivision shall require any of its employees, as a condition of employment, to reside in any specific area of the state." The issue in this case is whether R.C. 9.481 was enacted pursuant to the authority granted to the General Assembly by Section 34, Article II of the Ohio Constitution. If it was so enacted, its provisions...

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