Bauman v. State Ex Rel. Underwood

By the Court.

The single issue in this case is whether the charter city of Akron may, by a majority vote of all the members .of the council, amend a zoning ordinance, notwithstanding the fact that the city planning commission has failed and refused to approve such amendment, and the further fact that the zoning ordinance itself provides that it can only be amended by a three-fourths vote when the proposed amendment has not been approved and concurred in by the city planning commission.

The charter is an authority superior to an ordinance in a charter city, and the council cannot, by ordinance,…