State ex rel. Lynch v. City of Cleveland

The decision rendered in Lapolla v. Davis, 151 Ohio St., 550, 86 N. E. (2d), 615, was almost identical with and, if followed, requires the decision which is being rendered in the instant case.

I could not and did not concur in the judgment dismissing the appeal in the Lapolla ease “for the reason that no debatable constitutional question is involved,” because that decision was clearly irreconcilable with the previous decision in State, ex rel. Arey, v. Sherrill, City Mgr., 142 Ohio St., 574, 53 N. E. (2d), 501, and also because I had very great difficulty in finding any reasonable ground of…