Warren residency tiff heads to high court

Youngstown is also among cities challenging the constitutionality of the new residency law.

STAFF REPORT

WARREN — The residency battle involving Warren and its employees now goes to the Ohio Supreme Court, where it can be heard along with residency debates involving several other Ohio cities.

On Wednesday, the Ohio Supreme Court agreed to hear an appeal of the ruling issued by Judge Andrew Logan of Trumbull County Common Pleas Court. The ruling, which sides with Warren’s employees and their right to live outside of the city, was upheld by the 11th District Court of Appeals.

Other courts have stood behind the cities, such as appellate courts covering Akron, Cleveland and Lima. The Ohio Supreme Court agreed to review their decisions as well.

Greg Hicks, Warren’s law director, said he doesn’t know whether the Ohio Supreme Court’s decision to accept the Warren case for review means that all of the cases will be heard together, but he hopes it means that the top court will reach one decision that guides all Ohio cities.

“Hopefully this will decide it all at one time,” he said. “Hopefully, they’ll rule in a broad decision that applies to all.”

He said only the Ohio Supreme Court can decide the issue once and for all. There is probably no way the matter will go beyond the Ohio Supreme Court, such as into the federal courts, he said.

Hicks said it came as no surprise that the Ohio General Assembly’s decision in 2006 to stop cities from requiring their workers to live in the city limits produced many lawsuits, such as the one filed by Warren’s workers.

Hicks said he expects the Supreme Court will take six months to arrive at a ruling.

Youngstown is also among the cities challenging the constitutionality of the new law.

Officials from the American Federation of State, County and Municipal Employees Local 74, the union that represents city workers, except for police and firefighters, could not be reached to comment.

Local 74 is the party that filed the Trumbull County suit. The union sought a clarification of whether the state law or city ordinance carried more weight.