Payphone Ass'n v. City of Cleveland

On this appeal from the decision of Judge Bridget M. McCafferty, I agree with the majority that the city’s exclusive grant of a franchise to Ameritech alone requires reversal and that the case should be remanded for each section of Cleveland Codified Ordinances (“C.C.O.”) 670B to be separately evaluated for adherence to the limits of the city’s home-rule authority. I write separately, however, because it is a logical inconsistency to decline to address the constitutionality of R.C. Chapter 4939 while at the same time applying it to the city’s detriment in ruling that C.C.O. 670B conflicts…