Opinion

Niehaus v. State ex rel. Board of Education

  • 2 Ohio Law. Abs. 423
Court
Ohio Supreme Court
Filed
Jun 17, 1924
Status
Published
Author
Robinson
On the bench
Allen, Day, Jones, Marshall, Matthias, Robinson, Wanamaker
Cited by
0 cases

The opinion

ROBINSON, J.

1. Section 1935, General Code, which requires the building inspection department of *424 municipalities having a regularly organized buildng inspection department to approve the plans for the erection of a public school building, is a state police regulation, and the power of the General Assembly to enact such legislation is in no sense abridged by the provisions of Section 3, Article XVIII of the Constitution of Ohio.

2. The General Assembly of the state having enacted a general law requiring the building inspection departments of municipalities having a regularly organized building inspection department to approve plans for the construction of public school buildings erected within such municipalities, a municipality is without power to thwiart the operation of such general law by the enactment of an ordinance requiring the payment of a fee as a condition precedent to compliance therewith.

Judgment affirmed.

Marshall, C. J., Jones, Matthias, Day and Allen, JJ., concur. Wanamaker, J., not participating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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