City of Fairview Park v. Barefoot Grass Lawn Service, Inc.

I respectfully dissent.

The majority concludes that Codified Ordinances of Fairview Park 741.02(A) and 741.02(b) and R.C. 921.23(C) are in conflict because both attempt to regulate the application of pesticides, specifically the notice provisions prior to application of the pesticides. I disagree and would find that no conflict exists.

In Struthers v. Sokol (1923), 108 Ohio State 263, 140 N.E. 519, the word “conflict” was defined by quoting The Century Dictionary as “discord of action, feeling or effect; antagonism as of interests or principles; counteraction, as of causes, laws or agencies of…