Village of Beachwood v. Board of Elections of Cuyahoga County, 35285
| Decision Date | 19 March 1958 |
| Docket Number | No. 35285,35285 |
| Citation | 167 Ohio St. 369,5 O.O.2d 6,148 N.E.2d 921 |
| Parties | , 5 O.O.2d 6 VILLAGE OF BEACHWOOD, Appellant, v. BOARD OF ELECTIONS OF CUYAHOGA COUNTY et al., Appellees. |
| Court | Ohio Supreme Court |
Syllabus by the Court
1. The power of local self-government granted to municipalities by Article XVIII of the Ohio Constitution relates solely to the government and administration of the internal affairs of the municipality, and, in the absence of a statute conferring a broader power, municipal legislation must be confined to that area.
2. The detachment of territory from a municipality does not fall within the sphere of local self-government but is a subject which requires the establishment of a uniform procedure throughout the state and is exclusively within the control of the General Assembly.
This action arose in the following manner. On March 25, 1957, a petition was filed with the Board of Elections of Cuyahoga County, an appellee herein, for the detachment of a certain portion of the village of Beachwood, appellant herein, and the formation of this territory into a new township under the provisions of Section 709.39, Revised Code. The board of elections having determined that such petition complied with the provisions of the statute relating to detachment ordered an election to be held on April 30, 1957. Thereupon the village instituted this action seeking to enjoin the election, on the theory that the petition for detachment and the proceeding thereunder were null and void for the reason that the petitioners had failed to comply with the charter provisions of the village of Beachwood relating to detachment of territory but instead had brought such proceeding under the general statutes of the state. The village's basic contention is that detachment proceedings are matters of local self-government under the home-rule provisions of Article XVIII of the Ohio Constitution, and that the charter provisions relating to detachment supersede the general statutory provisions.
The Court of Common Pleas denied the injunction, and upon appeal to the Court of Appeals the judgment of the Court of Common Pleas was affirmed.
The cause is before this court on an appeal as of right and pursuant to the allowance of a motion to certify the record.
Baskin, Kelley, Lausche & Heavilin and Walter C. Kelley, Jr., Cleveland, for appellant.
John T. Corrigan, Pros. Atty., and Saul S. Danaceau, Cleveland, for appellees.
The principal question presented by this appeal is whether the procedure which must be followed for the detachment of territory from a municipality is a subject within the sphere of local self-government under the home-rule provisions of Article XVIII of the Ohio Constitution.
Sections 3 and 7 of Article XVIII, which confer home-rule power on municipalities, provide as follows:
'Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.'
'Any municipality may frame and adopt or amend a charter for its government and may, subject to the provisions of section 3 of this article, exercise thereunder all powers of local self-government.'
Shortly after the adoption of these provisions, in the first of a long series of cases interpreting them, Chief Justice Shauck in State ex rel. City of Toledo v. Lynch, 88 Ohio St. 71, 102 N.E. 670, 673, 48 L.R.A., N.S., 720, Ann.Cas.1914D, 949, made the basic definition of the meaning of the phrase, 'all powers of local self-government,' when in the course of his opinion he said, 'They are such powers of government as, in view of their nature and the field of their operation, are local and municipal in character.'
Over the course of the more than 45 years since the adoption of these sections, with the above basic definition as a foundation, the extent of the power of local self-government in municipalities has been established.
The power of local self-government granted to municipalities by Article XVIII relates solely to the...
To continue reading
Request your trial
-
Greater Fremont, Inc. v. City of Fremont
...powers possessed by the state government which are not expressly granted or denied by this section. Village of Beachwood v. Board of Elections, 167 Ohio St. 369, 148 N.E.2d 921 (1958); State ex rel. Cherrington v. Hutsinpiller, 112 Ohio St. 468, 147 N.E. 647 (1925). Those powers which are g......
-
State ex rel. Morrison v. Beck Energy Corp.
...general law operates uniformly with respect to every person and locality to which it relates. Id. ; Beachwood v. Cuyahoga Cty. Bd. of Elections, 167 Ohio St. 369, 372, 148 N.E.2d 921 (1958). We have recognized that a general law can operate uniformly throughout the state "even if the result......
-
City of Rocky River v. State Employment Relations Bd.
...Painesville, supra, 15 Ohio St.2d at 129, 44 O.O.2d at 123, 239 N.E.2d at 78, quoting Beachwood v. Bd. of Elections of Cuyahoga Cty. (1958), 167 Ohio St. 369, 371, 5 O.O.2d 6, 7-8, 148 N.E.2d 921, 923: " 'To determine whether legislation is such as falls within the area of local self-govern......
-
City of Kettering v. State Employment Relations Bd., 85-1459
...statewide concern. "The test as to matters of local self-government is set forth in the opinion of Beachwood v. Board of Elections of Cuyahoga County, 167 Ohio St. 369, 371, 148 N.E.2d 921 " 'To determine whether legislation is such as falls within the area of local self-government, the res......
-
Constitutional Issues Under Ohio's New Regulatory Framework for Video Service Providers
...Ass’n , 858 N.E.2d at 780. 117 Britt v. City of Columbus, 309 N.E.2d 412, 415 (Ohio 1974). 118 Village of Beachwood v. Bd. of Elections, 148 N.E.2d 921, 923 (Ohio 1958). 119 Id. 120 Id. 2009] VIDEO SERVICE PROVIDERS 841 what the Ohio Supreme Court considers to be matters of local interest a......
-
Evaluating the Use of Mandatory Edge-of-Field Buffers as a Land Use Tool to Combat Harmful Algal Blooms.
...ex rel. Bd. of Comm'rs. v. Tablack, 714 N.E.2d 917, 919-20 (Ohio 1999) (quoting Village of Beachwood v. Cuyahoga Cnty. Bd. of Elections, 148 N.E.2d 921, 923 (Ohio (292.) Id. at 920 (quoting Beachwood, 148 N.E.2d at 923). (293.) Id. (quoting Beachwood, 148 N.E.2d at 923). (294.) Canton [para......