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In advance of Monday night's council meeting Marsh provided council members with information from the Ohio Supreme Court that he believes indicates the proposed charter amendment the group is seeking would have little value. The information details a February decision of the Ohio Ninth District Court of Appeals regarding drilling and zoning laws in Munroe Falls, a suburb of Akron. "It is pretty clear the court is saying the state has pre-empted the field. Ordinances or charters, it makes no difference," Marsh said.
Although Marsh said he is not aware of any appeal to the Ohio Supreme Court, Lodge believes the case is being appealed because he has written a Friend of the Court brief for the small city. "In any case the appeals court decision is not a complete washout. There were some things the ruling upheld," Lodge said