# Niehaus v. State ex rel. Board of Education

> Ohio Supreme Court · June 17, 1924 · 2 Ohio Law. Abs. 423

URL: https://www.frixlaw.com/law-library/cases/6721517

## Case

- **Full name:** Gustave A. Niehaus, etc. v. The State of Ohio ex rel Board of Education of the City School District of the City of Dayton, Ohio
- **Court:** Ohio Supreme Court
- **Decided:** June 17, 1924
- **Citations:** 2 Ohio Law. Abs. 423
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Robinson
- **Judges:** Allen, Day, Jones, Marshall, Matthias, Robinson, Wanamaker
- **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/6721517

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6721517. Public record. Not legal advice.