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VILLAGE OF TERRACE PARK v. ERRETT

No. 4480.

12 F.2d 240 (1926)

VILLAGE OF TERRACE PARK et al. v. ERRETT.

Circuit Court of Appeals, Sixth Circuit.

April 6, 1926.

Attorney(s) appearing for the Case

Carl Phares and John Weld Peck, both of Cincinnati, Ohio (Peck, Shaffer & Williams and Knight & Phares, all of Cincinnati, Ohio, on the brief), for appellants.

Robt. Black and C. C. Benedict, both of Cincinnati, Ohio (Jas. J. Muir, of Cincinnati, Ohio, on the brief), for appellee.

Alfred Bettman, of the Ohio State Conference on City Planning and United City Planning Committee of Cincinnati, amici curiæ.

Before DENISON and DONAHUE, Circuit Judges, and COCHRAN, District Judge.

DONAHUE, Circuit Judge (after stating the facts as above).

In the disposition of this case it is wholly unnecessary to determine the constitutionality of the Ohio statutes conferring power upon a municipality to appoint a planning commission and pass zoning ordinances or the constitutional power of the village to pass such ordinance regardless of the authority conferred by statute.

For the purpose of this case it may be conceded that the village, in the exercise...

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