Legal Opinion

Cincinnati Bell Telephone Co. v. City of Cincinnati

Ohio Supreme Court

Decided May 13, 1998No. 97-310PublishedCited by 31 opinions

1Opinion of the CourtMoyer, C.J.

The question presented is whether a municipality is preempted by R.C. 5727.30 et seq. from enacting a net profits tax Our analysis of the law causes us to conclude that a tax enacted by a municipality pursuant to its taxing power is valid in the absence of an express statutory prohibition of the exercise of such power by the General Assembly. Accordingly, we reverse the judgment of the court of appeals.

*602I

Municipal taxing power in Ohio is derived from the Ohio Constitution. Section 3, Article XVIII of the Constitution, the Home Rule Amendment, confers sovereignty upon municipalities to…

2Cases cited8 opinions

  1. City of Canton v. WhitmanOhio Supreme Court · 1975
  2. Angell v. City of ToledoOhio Supreme Court · 1950
  3. City of Cincinnati v. American Telephone & Telegraph Co.Ohio Supreme Court · 1925
  4. Haefner v. City of YoungstownOhio Supreme Court · 1946
  5. Thompson v. City of CincinnatiOhio Supreme Court · 1965

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3Cited by31 opinions

  1. Amerada Hess Corp. v. State Ex Rel. Tax CommissionerNorth Dakota Supreme Court · 2005
  2. Home Builders Ass'n v. City of BeavercreekOhio Supreme Court · 2000
  3. City of Riverside v. StateOhio Court of Appeals · 2010
  4. Gesler v. City of Worthington Income Tax Board of AppealsOhio Supreme Court · 2013
  5. Athens v. McClain (Slip Opinion)Ohio Supreme Court · 2020

26 more not listed; retrieve them via the Exa API.

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