
    No. 783
    STATE ex MATTHEWS et al v. BAZEN
    Ohio Appeals, 3rd Dist., Marion County
    No. 633.
    Decided Oct. 8, 1924
    874. ORDINANCES — Ordinance regulating location of gas stations held unconstitutional asi a delegation of legislative power.
    Attorneys — Crissinger, Guthery & Strelitz, for State; Grant E. Mouser, Jr., for Bazen; all of Marion.
   WARDEN, J.

Epitomized Opinion

Published Only In Ohio Law Abstract

The sole question raised by the pleadings was the constitutionality of Ordinance 1507 of the City, of Marion regulating the location of public automiobile gasoline or oil fillling stations and sales depots. In holding the ordinance invalid, the Court of Appeals held:

1. The ordinance is invalid because of its alleged delegation of legislative power. (Cincinnati v. Cook, 107 OS. 223 cited and followed.)  