Does the Power to Regulate and Control Streets Within the Municipality Lie Within the Powers of Local Self-Government ?
In Perrysburg v. Ridgway (1923), the Ohio Supreme Court stated:
"It would be a bold assertion to say that 'all powers of local self-government,' as used in the Ohio Constitution of 1912, did not include the power of complete regulation and control of the streets.
The streets and alleys of a municipality are what the arteries and veins are to a man.
Control must be placed somewhere, and, if there is any virtue whatsoever in democracy, why should not that control be placed in the community which opens the streets, pays for their establishment, their maintenance, and best understands their needs for durability and safety?
"It has always been recognized, before 1912 as well as after, that matters relating to all local improvements, such as roads, streets, ditches, and the like, have been peculiarly matters of local concern and control."
Hence, the Perrysburg syllabus states:
"The power to establish, open, improve, maintain and repair public streets within the municipality, and fully control the use of them, is included within the term 'powers of local self-government.'"