EAST FAIRFIELD COAL CO. v. BOOTH

No. 34929.

166 Ohio St. 379 (1957)

THE EAST FAIRFIELD COAL CO. ET AL., APPELLEES, v. BOOTH, ZONING INSPECTOR, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 15, 1957.


Attorney(s) appearing for the Case

Mr. Frederick A. Coope, Messrs. Harrington, Huxley & Smith, Mr. Ed D. Schorr and Messrs. McAfee, Grossman, Taplin, Hanning, Newcomer & Hazlett, for appellees.

Messrs. Manchester, Bennett, Powers & Ullman, Mr. John H. Ranz and Mr. James E. Bennett, Jr., for appellants.


Per Curiam.

Both lower courts held that the subsequently adopted township zoning ordinance, "insofar as its operation prohibits the plaintiffs * * * from removing coal from their land by the strip mining method, * * * is arbitrary and unreasonable, and deprives plaintiffs-appellees of their property without due process of law, in violation of the Fourteenth Amendment to the Constitution of the United States, and Article I, Section 1, 16 and 19 of the Constitution...

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