Neil House Hotel Co. v. City of Columbus

Where the General Assembly has spoken through legislation, on a matter of state-wide concern, a municipal ordinance in conflict with such legislation must give way to the superior authority. City of Cincinnati v. Gamble et al., Board of Trustees, 138 Ohio St., 220, 34 N. E. (2d), 226; State, ex rel. Arey, v. Sherrill, City Manager, 142 Ohio St., 574, 53 N. E. (2d), 501, and cases cited therein.

The theory of the cases is that due consideration is to be given to all parts of a constitutional provision. Therefore, since Section 3, Article XYIII of the Constitution grants municipalities authority…