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CLEVELAND v. STATE

No. 2012-1616.

138 Ohio St.3d 232 (2014)

2014-Ohio-86

THE CITY OF CLEVELAND, Appellee, v. THE STATE OF OHIO, Appellant.

Supreme Court of Ohio.

Decided January 21, 2014.

Attorney(s) appearing for the Case

Barbara A. Langhenry , Cleveland Director of Law, and Gary S. Singletary , Assistant Director of Law, for appellee.

Michael DeWine , Attorney General, Michael J. Hendershot , Chief Deputy Solicitor, Megan Dillhoff , Deputy Solicitor, and Pearl M. Chin , Associate Assistant Attorney General, for appellant.

The Ferris Law Group, L.L.C., and David A. Ferris , urging reversal for amicus curiae Towing & Recovery Association of Ohio, Inc.

John P. Curp , Cincinnati City Solicitor, and Katherine A. Miefert , Assistant City Solicitor, urging affirmance for amicus curiae city of Cincinnati.

LANZINGER, J.

{¶ 1} This case arises from a complaint for declaratory judgment brought by appellee, the city of Cleveland, challenging the constitutionality of R.C. 4921.25,1 a law that grants the Public Utilities Commission of Ohio ("PUCO") authority to regulate towing companies as "for-hire motor carriers." Because we agree with the city that the second sentence...

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