Stern v. City of Columbus

Citations

• 16 Ohio N.P. (n.s.) 353

Syllabus

<p>Municipal Corporations — Application of the Marmet Case to Fees Imposed hy a Municipal Legislature — Vehicle License Ordinance Not a General Revenue Measure, When — Application of the Surplus Received for Licenses.</p> <p>1. In an action involving the validity of an ordinance, the defense of res adjudicata is not available where based on the claim that a former ordinance on the same subject was held constitutional, notwith-' standing the general similarity of the present ordinance to the old one is admitted.</p> <p>2. A vehicle license ordinance will not be classified as a general revenue measure, and therefore invalid, because of the fact that the receipts greatly exceed the expense of collection, where it appears that the surplus is turned into the fund for repair of the streets.</p>