Does State Law Banning City Employee Residency Requirement Violate Cities’ ‘Home Rule’ Powers?
City of Lima, Ohio v. State of Ohio, Case no. 2008-0128 3rd District Court of Appeals (Allen County) State of Ohio v. City of Akron et al., Case no. 2008-0418 9th District Court of Appeals (Summit County) [NOTE: The two cases captioned above will be argued separately before the Supreme Court on Jan. 20. Because both cases address the same constitutional issue and the parties advance very similar legal arguments, they are summarized together below. The Court has subsequently accepted and is holding appeals in four additional cases in which other Ohio cities have challenged the constitutionality of R.C. 9.481. The held cases involve the cities of Cleveland, Toledo, Dayton and Warren. The Court has indicated that it will decide those cases consistent with its rulings in the Lima and Akron cases.] ISSUE: Does a state law enacted in 2006 unconstitutionally infringe upon the “home rule” power of Ohio cities by prohibiting them from enacting or enforcing municipal ordinances that require city
City of Lima, Ohio v. State of Ohio, Case no. 2008-0128 3rd District Court of Appeals (Allen County) State of Ohio v. City of Akron et al., Case no. 2008-0418 9th District Court of Appeals (Summit County) [NOTE: The two cases captioned above will be argued separately before the Supreme Court on Jan. 20. Because both cases address the same constitutional issue and the parties advance very similar legal arguments, they are summarized together below. The Court has subsequently accepted and is holding appeals in four additional cases in which other Ohio cities have challenged the constitutionality of R.C. 9.481. The held cases involve the cities of Cleveland, Toledo, Dayton and Warren. The Court has indicated that it will decide those cases consistent with its rulings in the Lima and Akron cases.] ISSUE: Does a state law enacted in 2006 unconstitutionally infringe upon the “home rule” power of Ohio cities by prohibiting them from enacting or enforcing municipal ordinances that require city
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