Robert Neff & Sons, Inc. v. City of Lancaster

The specific question of law presented by this case is whether plaintiffs have pleaded facts sufficient to state a cause of action under the applicable laws of Ohio.

Plaintiffs base their claim upon the provisions of Section 723.01, Revised Code:

“Municipal corporations shall have special power to regulate the use of the streets. The legislative authority of such municipal corporation shall have the care, super*33vision, and control of public highways, streets, avenues, alleys, sidewalks, public grounds, bridges, aqueducts, and viaducts within the municipal corporation, and shall cause them to he…