United States Sixth Circuit

Plaintiff's suit, challenging defendant-City's "Clean Indoor Air Ordinance" that regulates the ability to smoke in public places, is dismissed where the ordinance did not effect a regulatory taking and was not preempted by section 3791.031(A)(3) of the Ohio Revised Code.

Appellate Information

• Decided 01/06/2005
• Published 01/06/2005

Judges

• BOYCE F. MARTIN, Jr., Circuit Judge., Before:  MARTIN, COLE, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Richard M. Kerger, Kerger & Kerger, Toledo, Ohio, for Appellants. Keith A. Wilkowski, Vassar, Dills & Dawson, Toledo, Ohio, for Appellee. ON BRIEF:Richard M. Kerger, Kimberly A. Donovan, Kerger & Kerger, Toledo, Ohio, for Appellants. Keith A. Wilkowski, Vassar, Dills & Dawson, Toledo, Ohio, for Appellee.