City of Canton v. Ohio
Ohio Supreme Court
766 N.E.2d 963 (2002)
- Written by Jamie Milne, JD
Facts
The City of Canton, Ohio (Canton) (plaintiff) adopted an ordinance that prohibited the use of manufactured homes for residential use. The same year, Ohio’s state legislature adopted a statute preventing political subdivisions from prohibiting or restricting the use of manufactured homes for residential use in areas zoned for single-family homes. The statute contained an exception that permitted private landowners, including suburban land developers, to use deed restrictions to prohibit the use of manufactured homes. Canton sued the State of Ohio (defendant), seeking a declaratory judgment that the adopted statute was an unconstitutional restriction on the authority conferred to home-rule municipalities by the state constitution. The trial court granted summary judgment in Canton’s favor, but the state appeals court reversed. Canton appealed to the Ohio Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Stratton, J.)
Dissent (Pfeifer, J.)
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