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VILLAGE OF UNIVERSITY HEIGHTS v. CLEVELAND JEWISH O. HOME

No. 4724.

20 F.2d 743 (1927)

VILLAGE OF UNIVERSITY HEIGHTS et al. v. CLEVELAND JEWISH ORPHANS' HOME.

Circuit Court of Appeals, Sixth Circuit.

July 29, 1927.

Attorney(s) appearing for the Case

Snyder, Henry, Thomsen, Ford & Seagrave and Robert E. Roehm, Village Sol., all of Cleveland, Ohio (Alonzo M. Snyder, of Cleveland, Ohio, on the brief), for appellants.

Newton D. Baker, Baker, Hostetler & Sidlo, and Fackler & Morgan, all of Cleveland, Ohio, for appellee.

Before DENISON and MOORMAN, Circuit Judges, and DAWSON, District Judge.

MOORMAN, Circuit Judge.

This case involves the constitutionality of a general zoning ordinance of the village of University Heights, a suburb of the city of Cleveland. The question is here on appeal from a judgment of the District Court enjoining the village from enforcing the ordinance, so far as it operates to prevent the Cleveland Jewish Orphans' Home from using some land which it owns in the village for an orphanage. There are 30 acres in the tract, 5 of which...

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