DAYTON v. STATE (2022)

Supreme Court of Ohio.

The City of DAYTON, Appellee, v. The STATE of Ohio, Appellant.

No. 2021-0592

Decided: June 22, 2022

Barbara J. Doseck, Dayton City Attorney, and John C. Musto, Dayton Chief Trial Counsel, for appellee. Dave Yost, Attorney General, Benjamin M. Flowers, Solicitor General, Stephen P. Carney, Deputy Solicitor General, and Caitlyn Nestleroth Johnson and Iris Jin, Assistant Attorneys General, for appellant.

{¶ 1} The judgment of the court of appeals is vacated, and the cause is remanded to that court for application of Newburgh Hts. v. State, ––– Ohio St.3d ––––, 2022-Ohio-1642, ––– N.E.3d ––––.

Kennedy, Fischer, DeWine, Donnelly, Stewart, and Brunner, JJ., concur. O'Connor, C.J., would reverse the court of appeals’ judgment only as to the home-rule issues.

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