CITY OF MIDDLEBURG HEIGHTS, APPELLEE,
v.
OHIO BOARD OF BUILDING STANDARDS, APPELLANT.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted October 21, 1992.
Decided December 16, 1992.
Attorney(s) appearing for the Case
Calfee, Halter & Griswold, John E. Gotherman, John J. Eklund and Mark S. Yacano; and Peter H. Hull, Law Director, for appellee.
Lee I. Fisher, Attorney General, Raul Rosado, Jr. and Kathleen M. O'Malley, Assistant Attorneys General, for appellant.
Means, Bichimer, Burkholder & Baker Co., L.P.A., Craig D. Leister and Richard W. Ross, urging reversal for amicus curiae, Architects Society of Ohio.
Keith McNamara, urging reversal for amicus curiae, Associated General Contractors of Ohio.
Diane G. Porter, urging reversal for amicus curiae, Midwest Industrialized Unit Manufacturers Association.
Thompson, Hine & Flory, Jeffrey A. Appelbaum and Donald P. Screen, urging reversal for amici curiae, Flair Corporation and Ohio Consultative Council of the National Institute of Building Sciences.
Benesch, Friedlander, Coplan & Aronoff, N. Victor Goodman and Mark D. Tucker, urging reversal for amicus curiae, Ohio State Building and Construction Trades Council.
Edward G. Kramer, urging reversal for amicus curiae, Ohio Housing Coalition.
Spieth, Bell, McCurdy & Newell Co., L.P.A., and Timothy J. Grendell, urging reversal for amici curiae, Ohio Home Builders Association and Building Industry Association of Cleveland and Suburban Counties.
Barry M. Byron, urging affirmance for amicus curiae, Ohio Municipal League.
Ward & Associates, Alan E. Johnson and Leo R. Ward, urging affirmance for amici curiae, North Eastern Ohio Fire Prevention Association and Northeastern Ohio Fire Chiefs' Association.
Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging affirmance for amicus curiae, Ohio Association of Professional Fire Fighters.
Supreme Court of Ohio.
MOYER, C.J.
The city of Middleburg Heights has challenged the Ohio Board of Building Standards' revocation of its building department's certification. A finding that the board had just cause for the revocation hinges on one issue: whether provisions of the city's building ordinance relating to fire protection requirements conflict with the Ohio Basic Building Code. No question is raised in this appeal concerning the city's constitutionally conferred home-rule authority...
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