Porter v. City of Oberlin

I concur with the view of the majority that Section 3 of the ordinance is constitutionally repugnant and is severable from the remainder of the ordinance, although I am of the opinion that the function of the court to make even that determination in this case hangs by a brittle thread.

The single plaintiff here is a citizen of, a taxpayer in, and an owner of two parcels of real estate in the city of Oberlin. Only one parcel contains a dwelling, and that is a single-family home occupied by the plaintiff. But, the plaintiff is neither an “owner” nor an “agent” nor a “lending institution” as…