# City of Eastlake v. Ohio Board of Building Standards

> Ohio Supreme Court · June 10, 1981 · 66 Ohio St. 2d 363

URL: https://www.frixlaw.com/law-library/cases/6757233

## Case

- **Full name:** In re Decertification of Eastlake: City of Eastlake v. Ohio Board of Building Standards
- **Court:** Ohio Supreme Court
- **Decided:** June 10, 1981
- **Citations:** 66 Ohio St. 2d 363; 20 Ohio Op. 3d 327; 422 N.E.2d 598; 1981 Ohio LEXIS 521
- **Precedential status:** Published
- **Opinion:** Concurrence by Holmes
- **Judges:** Brown, Celebrezze, Holmes, Locher, Sweeney
- **Cited by:** 29 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/6757233

## How later opinions describe it (automated extraction)

- holding that when local building ordinances are more strict than state statutes, they are in conflict and are superseded by the state statutes

## Opinion text

Holmes, J.,
concurring. I must concur in the judgment in that, as stated by the majority, the General Assembly has made a legislative policy decision in favor of statewide uniformity'in the building of these so-called industrialized units. R. C. Chapters 3781 and 3791 are general laws by nature, and local laws in conflict therewith must give way.
Being strongly in support of home rule powers of municipalities in the exercise of their police powers, granted by Section 3, Article XVIII of the Ohio Constitution, I would have entertained serious doubt as to such legislative intrusion upon local authority, had I been in a legislative capacity. However, I must judicially review these sections in light of the constitutional provisions, and conclude that the state was within its power in enacting such general laws.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757233. Public record. Not legal advice.