Frecker v. City of Dayton

As indicated by its opinion, the decision of the majority of this court is based solely upon the ground that the ordinance here involved discriminates “among persons following the same occupation or business.”

The opinions of the Common Pleas Court and the Court of Appeals indicate that their decisions were based upon other grounds. Apparently, the inclusion in the journal entry of each court of a finding and ground not referred to in the opinions was overlooked when those journal entries were approved.

While a relatively small portion of appellee’s brief is devoted to the contention that the…