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DAYTON v. STATE

No. 28818.

170 N.E.3d 502 (2021)

2021-Ohio-967

City of DAYTON, Ohio, Plaintiff-Appellee, v. STATE of Ohio, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on March 26, 2021.

Attorney(s) appearing for the Case

JOHN C. MUSTO , Atty. Reg. No. 0071512, Assistant Prosecuting Attorney, City of Dayton Prosecutor's Office, 101 West Third Street, Dayton, Ohio 45402, Attorney for Plaintiff-Appellee.

CAITLYN NESTLEROTH JOHNSON , Atty. Reg. No. 0087724, & ZACHARY M. HOLSCHER , Atty. Reg. No. 0098039, Ohio Attorney General's Office, 30 East Broad Street, 16th Floor, Columbus, Ohio 43215, Attorneys for Defendant-Appellant.

OPINION

{¶ 1} The State of Ohio appeals from a judgment of the Montgomery County Court of Common Pleas, which sustain in part and overruled in part the City of Dayton's motion for summary judgment regarding whether certain statutory provisions were unconstitutional. The State filed a timely notice of appeal...

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