SMELTZER v. MESSER


225 S.W.2d 96 (1949)

311 Ky. 692

SMELTZER et al. v. MESSER et al.

Court of Appeals of Kentucky.

December 9, 1949.


Attorney(s) appearing for the Case

Russell N. Victor, Erlanger, for appellants.

William R. Seidenfaden, Newport, for appellees.


CLAY, Commissioner.

This suit was brought by neighboring property owners for a mandatory injunction requiring appellees (husband and wife) to remove a dwelling house on their own property, because its type and size violated the provisions of a zoning ordinance of the City of Erlanger. A general demurrer to plaintiffs' petition was sustained and it was dismissed.

In 1947 the municipality enacted an ordinance restricting the use and regulating the capacity of...

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