City of Cleveland v. State

Colleen Conway Cooney,

Administrative Judge.

{¶ 1} Plaintiff-appellant, the city of Cleveland, appeals the trial court’s grant of summary judgment to defendant-appellee, the state of Ohio, on the city’s declaratory-judgment action. Finding merit to the appeal, we reverse the trial court’s grant of summary judgment to the state and direct that the trial court enter summary judgment for the city, thereby declaring R.C. 9.68 unconstitutional.

{¶2} This case arose in March 2007, when the city filed a complaint for declaratory judgment challenging the constitutionality of R.C. 9.68. The National…