In the case of City of Cincinnati v. Fourth Nat’l Realty LLC, Slip Opinion No. 2020-Ohio-6802, the Ohio Supreme Court held that the Court had subject matter jurisdiction after a realty company failed to serve the Ohio Attorney General at the inception of the case because the language of the statue was silent as to timing of service.
The realty company asserted the city’s outdoor advertising requirements and prohibitions were unconstitutional because they violated the First Amendment of the United States Constitution.
The city alleged that the realty company installed a billboard for advertising purposes without obtaining the required permit and that a party challenging the constitutionality of a statute must serve a pleading on the Ohio Attorney General at the inception of a case, which the realty company failed to do.
The Ohio Supreme Court disagreed with the city, noting that R.C. 2721.12(A) does not expressly provide timing requirements. The Ohio Supreme Court sent the case back to the trial court to determine the constitutionality issue.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.