# Singleton v. City of Hamilton

> Ohio Court of Appeals · June 16, 1986 · 33 Ohio App. 3d 187

URL: https://www.frixlaw.com/law-library/cases/3738148

## Case

- **Full name:** Singleton Et Al., Appellants, v. City of Hamilton, Appellee
- **Court:** Ohio Court of Appeals
- **Decided:** June 16, 1986
- **Citations:** 33 Ohio App. 3d 187; 515 N.E.2d 8; 1986 Ohio App. LEXIS 10241
- **Precedential status:** Published
- **Opinion:** Concurrence by Koehler
- **Judges:** Jones, Koehler, Ringland
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3738148

## Opinion text

Koehler, P.J.,
concurring. This court has concluded that there is no duty enjoined upon appellee, city of Hamilton, to regulate or oversee hazardous waste disposal sites within its boundaries. It is further concluded that oversight and licensing of hazardous waste storage and disposal facilities and the regulation thereof lies with the state of Ohio and not the local political subdivision by virtue of R.C. Chapter 3734.
My separate concurrence is predicated upon my belief that political subdivisions of the state are not only relieved of responsibility for such regulation, but are pre-empted by the state, may not enter into the area and have no authority beyond that derived from the state.
The Ohio Supreme Court has recently determined that a home rule municipality has concurrent authority with the state to license, supervise, inspect and regulate hazardous waste facilities within its corporate limits under its police powers so long as the exercise of such authority does not conflict with general laws of the state.
Fondessy Enterprises, Inc.
v.
Oregon
(1986), 23 Ohio St. 3d 213 , 23 OBR 372, 492 N.E. 2d 797 .
Environmental considerations are so significant that in my opinion concurrent authority to regulate divides the responsibility for such regulation and an exception for home rule municipalities produces a conflict with general law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3738148. Public record. Not legal advice.