Ohio Supreme Court, 1968

City of Akron v. Smith

Ohio Supreme Court · Decided May 29, 1968 · Brown, Herbert, Matthias, Neill, Schneider, Taft, Zimmerman

14 Ohio St. 2d 247; 43 Ohio Op. 2d 373; 237 N.E.2d 396; 1968 Ohio LEXIS 448

Cases that cite this one

4 later published cases cite this decision.

City of Cincinnati v. Thomas Soft Ice Cream, Inc. (Ohio 1977)
City of Akron v. Akins (Ohio Ct. App. 1968)
Smith v. Bodle (Ohio Ct. App. 1970)
City of Cincinnati v. Degoyer (Hamilton County Municipal Court 1968)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Brown, J.

The question in this case, whether prosecution for the commission of the offense made punishable by the municipal ordinance is limited by the state statute, is

*249answered in the affirmative by authority of the holding of this court in paragraphs one and two of the syllabus in State, ex rel. Ramey, v. Davis, 119 Ohio St. 596, which state:

‘ ‘ 1. The sovereignty of the state in respect to its courts extends over all the state, including municipalities, whether governed by charter or general laws.

“2. None of the various provisions of Article XVIII of the Constitution of Ohio are effective to abridge the sovereignty of the state over municipalities in respect to its courts.”

Thus, the General Assembly may limit the time within which an action may be brought in the courts of this state, even where such action is based upon a municipal ordinance. It follows that such an ordinance may not provide for bringing such an action during a period of time greater than the limitation so specified by the General Assembly.

Judgment affirmed.

Taft, C. J., Zimmerman, Matthias, 0’Neill,, Herbert and Schneider, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.