In re Brown

We are cited by the petitioner to the case of Brannon v. City of Wilmington (7 Abs. 136) which was decided by the First. Appellate District of Ohio July 16, 1928. The identical question was before that court. The court held that since the ordinance was in conflict with the express provisions of Section 3628 GC. that therefore it is null and void, and of no effect. In the opinion the court reviews a great many adjudicated cases throughout the country and cites the same in support of its holding.

Counsel for the City of Cleveland seeks to draw a distinction between charter cities and non-charter…