Ohio

Cleveland Prevails on Appeal of Residency Rule

By Cleveland Law Library

Yesterday, the 8th District Court of Appeals announced its decision in City of Cleveland v. State of Ohio (Case No. 89565 on the Court's docket), upholding the City of Cleveland's exercise of home rule to require police officers and other employees to live within City limits. The Trial Court had held that the residency rule violated state law under O.R.C. sec. 9.481, which purports to prohibit political subdivisions from requiring their employees to live where they work, but the Court of Appeals reversed and remanded. As we related in a recent post, the Ohio Supreme Court is poised to review similar residency requirements in Akron and Lima. Click here to read a blurb from newsnet5.com about the Appeals Court's decision. Another of our posts discusses O.R.C. 9.48.1 and Akron's situation.Please click here to read the Cuyahoga County Common Pleas Court's decision. We would have posted the 8th District Court of Appeals decision, but effective this week, the Court is withholding distribution of cases for 10 days until the decisions are officially journalized.

Full post as published by Cleveland Law Library Weblog on May 23, 2008 (boomark / email).