JOHNSON v. ENTERPRISES

No. 34605.

166 Ohio St. 149 (1957)

JOHNSON ET AL., APPELLANTS, v. UNITED ENTERPRISES, INC., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 13, 1957.


Attorney(s) appearing for the Case

Messrs. Johnson & Johnson, for appellants.

Mr. Patrick J. Melillo, for appellees.


STEWART, J.

The sole question which we are called upon to decide is whether plaintiffs, assuming the facts stated in their petition to be true, as we must do upon demurrer, are entitled to injunctive relief.

Section 713.13, Revised Code, reads as follows:

"No person shall erect, construct, alter, repair, or maintain any building or structure or use any land in violation of any zoning ordinance or regulation enacted pursuant to Sections 713.06 to 713...

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