YOUNGSTOWN v. STATE

No. 07-MA-223.

2009 Ohio 5679

City of Youngstown, Plaintiff-Appellant, v. State of Ohio, Defendant-Appellee.

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

Dated: September 9, 2009.


Attorney(s) appearing for the Case

Attorney Iris Torres Guglucello, Attorney Anthony J. Farris, City of Youngstown Dept. of Law, 26 S. Phelps St., 4th Floor, Youngstown, Ohio 44503, Attorney Subodh Chandra, 1265 W. 6th St., Suite 400, Cleveland, Ohio 44113-1326, for Plaintiff-Appellant.

Attorney Sharon A. Jennings, Attorney Pearl M. Chin, AssistantGeneral, Constitutional Offices Section, 30 East Broad Street, 16th Floor, Columbus, Ohio 43215, for Defendant-Appellee.

Before: Hon. Gene Donofrio, Hon. Joseph J. Vukovich, Hon. Cheryl L. Waite.


OPINION

DONOFRIO, J.

{¶1} Plaintiff-appellant City of Youngstown appeals a decision of the Mahoning County Common Pleas Court declaring R.C. 9.481 constitutional. R.C. 9.481 prohibits political subdivisions from imposing residency requirements on employees as a condition of employment.

{¶2} On November 4, 1986, Youngstown voters approved an amendment to the City's charter which provides that "[a]ll employees, elected...

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