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Full-Text Articles in Law

Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond Jan 1975

Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond

Cleveland State Law Review

In the recent Ohio Supreme Court decision of Forest City Enterprises, Inc. v. City of Eastlake, the court stated a new principle of law in the area of referendum zoning: A municipal charter provision, which requires that any ordinance changing land use be ratified by the voters in a city-wide election, constitutes an unlawful delegation of legislative power, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. The court was, however, far from convincing either in terms of distinguishing the prior law of referendum zoning or in demonstrating the applicability of their conclusion …


The Authority Of The Public Employer To Engage In Collective Bargaining In The Absence Of A State Statute: Ohio, A Case In Point, Karen Berns Newborn Jan 1975

The Authority Of The Public Employer To Engage In Collective Bargaining In The Absence Of A State Statute: Ohio, A Case In Point, Karen Berns Newborn

Cleveland State Law Review

This comment will discuss the traditional arguments against public sector collective bargaining, suggest answers to those arguments, and analyze the Dayton Classroom Teachers Association decision. It will conclude with an analysis of how the issues should be considered and suggest the problems which are presented by Ohio's case law.