Hilton v. City of Toledo

The initial question presented herein is whether appellant is empowered, by virtue of the police power conferred upon it in Section 3 of Article XVIII of the Constitution of Ohio, to regulate the use of flashing portable signs within its territorial boundaries.

At the outset, appellant asserts that the lower courts failed to accord its exercise of municipal police power the pre*396sumption of constitutionality to which it is entitled and, therefore, erroneously shifted the burden of proof to appellant.

An enactment of the legislative body of a municipality is entitled to a presumption of…