City of Dayton v. Strausbaugh

Merz. J.

This case is before the court upon defendant’s motion to bar court from action in compliance with Am. Sub. S. B. No. 250. He claims that Act violates the Ohio and federal Constitutions.

The court agrees that several features of this new legislation violate the Ohio Constitution and must be declared void. However, since the legislative purpose of the Act can be completely accomplished without the unconstitutional features, they can be severed from the balance of this legislation, which the court can then appropriately implement.

Opinion

An appropriate respect for the legislative will and…