STATE, EX REL. JACK v. RUSSELL

No. 33893.

162 Ohio St. 281 (1954)

THE STATE, EX REL. JACK ET AL., APPELLANTS, v. RUSSELL, BLDG. COMMR., APPELLEE.

Supreme Court of Ohio.

Decided December 8, 1954.


Attorney(s) appearing for the Case

Mr. N. Hart Cohen, for appellants.

Mr. James H. McHugh, city solicitor, for appellee.


STEWART, J.

The respondent refused to issue a building permit for the construction of a garage-apartment for the reason that such construction would violate section 8 of the temporary zoning ordinance of Steubenville, which reads as follows:

"Lot Area and Lot Frontage for Dwellings. Every dwelling hereafter erected or moved shall be on a lot that (a) abuts onto a public street the right of way of which is not less than 30 feet, (b) has a lot width at the street...

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