City of Cleveland v. Berger

I respectfully dissent from the majority’s resolution of this case. Specifically, I disagree with the finding that appellant lacks standing to challenge the constitutionality of Cleveland Codified Ordinances 367.03 and 367.99. I would thus have sustained his first assignment of error.

In his first assignment of error, appellant asserts that C.C.O. 367.03 and the penalty which flows from a violation thereof violate the Fourth and Fourteenth Amendments to the United States Constitution and Section 14, Article I of the Ohio Constitution. He argues that the violation occurs because the budding’s…