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VALLEY VIEW VILLAGE v. PROFFETT

No. 12179.

221 F.2d 412 (1955)

VALLEY VIEW VILLAGE, Inc., and William Rosser, Inspector of Buildings, Appellants, v. Henry A. PROFFETT, Grace Proffett, and The Schmidt Bros. Sand & Supply Company, Appellees.

United States Court of Appeals Sixth Circuit.

April 23, 1955.

Attorney(s) appearing for the Case

Richard S. Horan, Cleveland, Ohio, Richard G. Bell, Bedford, Ohio, and Ralph W. Bell, Cleveland, Ohio, on brief, for appellants.

Sidney D. L. Jackson, Jr., Cleveland, Ohio, Irwin Greene and Walter L. Greene, Cleveland, Ohio, on brief, for Henry A. Proffett and Grace Proffett.

Irwin Greene, Cleveland, Ohio, for Schmidt Bros. Sand & Supply Co.

Sidney D. L. Jackson, Jr., James P. Garner, Baker, Hostetler & Patterson, Cleveland, Ohio, on brief, for appellees.

Before MARTIN, McALLISTER and STEWART, Circuit Judges.

STEWART, Circuit Judge.

The question presented on this appeal is a novel one. Can a noncharter municipality in the State of Ohio validly adopt a zoning ordinance which puts the entire area of the municipality into a single use district? The trial court answered this question in the negative and enjoined the appellant municipality from enforcing such an ordinance so as to prohibit appellees' sand and gravel operations, D.C., 123 F.Supp. 339

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