Ridgley, Inc. v. Board of Zoning Appeals

The issue presented in this case is whether a municipality is preempted by operation of state law from regulating, pursuant to the authority of local zoning ordinances, the retail sale of alcoholic beverages within that municipality. We answer in the negative.

Section 3, Article XVIII of the Ohio Constitution, known as the home rule provision, provides:

“Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, *359sanitary and other similar regulations, as are not in conflict with general laws.”

Thus, a…