City of Cleveland v. State

{¶ 1} This case arises from a complaint for declaratory judgment brought by appellee, the city of Cleveland, challenging the constitutionality of R.C. 4921.25, 1 a law that grants the Public Utilities Commission of Ohio (“PUCO”) authority to regulate towing companies as “for-hire motor carriers.” Because we agree with the city that the second sentence of R.C. 4921.25 violates the Ohio Constitution’s Home Rule Amendment, Article XVIII, Section 3, by prohibiting the “licensing, registering, or regulation” of entities that tow motor vehicles, we sever that portion of the statute. We further hold…