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  1. #11
    Join Date
    Nov 2013
    Posts
    6,416

    Default Re: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    Quote Quoting RJR
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    Bud, here is a case of an action in Mandamus Ex-rel, the Writ was granted. As you see, such a Writ is scrutinized for content. Yes, the Relators challenged the law after passage and before it's effect date, but you can read the legal difficulties of such a Writ being granted.

    https://www.sconet.state.oh.us/rod/d...-ohio-6717.pdf
    The case you cited has nothing to do with the police powers of the municipality to regulate zoning and/or parking ordinances. There are no constitutional issues in passing a parking by permit ordinance.

    Quote Quoting Taxing Matters
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    The public cannot prevent the city from enacting the ordinance. A person may fight the ordinance in court after enactment either arguing procedural missteps in enacting it, or violations of state or federal Constitutions, statutes, etc. But they cannot stop the city by going to court before enactment. Might a person slow the city down using the various procedures that the city must go through to enact the ordinance? Of course. But if the city is determined to adopt the ordinance eventually it will pass it. It is once enacted into law that the court challenges may begin.
    I don't think we really disagree. The passage of an ordinance can be held up for years on procedural grounds and on other conflicting ordnances such as municipal land us laws and zoning laws, and equal protection laws. The devil is will be in the details of which we have none in this case. If the municipality gets past all the hurdles and passes the ordinance, yes it can then be challenged in court on many different grounds.

    This happens mostly in zoning cases where there is spot zoning that is not consistent with the municipal master plan . Ordinances are found to be arbitrary and capricious and not consistent with other established ordinances and therefore it is held invalid by courts.

    Is the parking permit ordinance an excise in legitimate police powers to protect health, safety, and welfare or is it a revenue grab? Does it benefit a small segment of the population or the public in general?

    Municipalities have taken their powers to extremes which in many cases violate the US constitution 8th amendment .

    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
    A municipality passes a property maintenance code and if your grass is too long the homeowner gets fined $500 per day. Then the municipality forecloses to collect the fine. There are many such cases in litigation across the nation.

    It's all about the revenue. Sooner or later this will be before the Supreme Court.

    Does that compute? You lose your property because your grass is too long.

  2. #12
    Join Date
    Oct 2014
    Posts
    7,400

    Default Re: Can a City Be Stopped from Issuing 'Permit Parking Only' Ordinance

    Quote Quoting budwad
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    Municipalities have taken their powers to extremes which in many cases violate the US constitution 8th amendment .
    I don't know about "many". Certainly there are some truly egregious money grabs by some cities and states, but most use fairly reasonable rules for things like parking, zoning, and the like. It takes a lot to violate the 8th Amendment, but at least the Supreme Court is finally limiting the abuses by the states of their civil forfeiture laws. But when it comes to city parking plans, it's pretty well accepted that raising revenue is a legitimate goal for the city.

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