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Full-Text Articles in State and Local Government Law
Home Rule In Ohio: General Laws, Conflicts, And The Failure Of The Courts To Protect The Ohio Constitution, Matthew Mahoney
Home Rule In Ohio: General Laws, Conflicts, And The Failure Of The Courts To Protect The Ohio Constitution, Matthew Mahoney
Cleveland State Law Review
The Home Rule Amendment to Ohio’s Constitution vest with municipalities the power to legislate on issues of most concern to that locality. Ideally, the concept of home rule creates shared powers between the state and the municipality. However, in Ohio, such is not the case. Instead, the state has almost complete control despite the home rule constitutional amendment. Although home rule is complicated historically and practically with many working parts between the legislature and the municipality, what is clear is that the courts play a substantial role in the doctrine’s application. The court’s role is difficulty considering the competing interests, …
The Ohio Supreme Court's Perverse Stance On Development Impact Fees And What To Do About It, Alan C. Weinstein
The Ohio Supreme Court's Perverse Stance On Development Impact Fees And What To Do About It, Alan C. Weinstein
Cleveland State Law Review
Ohio is among the twenty-two states that have no enabling legislation for development impact fees. But in a 2000 ruling, Homebuilders Association of Dayton and the Miami Valley v. City of Beavercreek, a divided Ohio Supreme Court ruled that municipalities could lawfully enact impact fees under their police and “home rule” powers, provided that the fees could pass constitutional muster under a “dual rational nexus test.” On May 31, 2012, however, the court ruled in Drees Company v. Hamilton Township, that a development impact fee enacted by an Ohio township with “limited home rule” powers was an unconstitutional tax. The …
Cincinnati V. Hoffman: A Critical Analysis Of The Constitutionality Of A Municipal Disorderly Conduct Ordinance, Diane Williams Shelby
Cincinnati V. Hoffman: A Critical Analysis Of The Constitutionality Of A Municipal Disorderly Conduct Ordinance, Diane Williams Shelby
Cleveland State Law Review
Case comment on Cincinnati v. Hoffman.