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CURTISS v. CLEVELAND

No. 34906.

166 Ohio St. 509 (1957)

CURTISS, APPELLEE AND CROSS-APPELLANT, v. CITY OF CLEVELAND, APPELLANT AND CROSS-APPELLEE; ET AL., APPELLEES; THE KANGESSER CO. ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided July 10, 1957.

Attorney(s) appearing for the Case

Messrs. McCreary, Hinslea & Ray and Mr. Ansel B. Curtiss, for plaintiff appellee and cross-appellant.

Mr. Ralph S. Locher, director of law, Mr. Joseph II. Crowley, Mr. J. Arthur Begam, Mr. John F. Dolan and Mr. Allen Fonoroff, for appellant and cross-appellee.

Mr. Abraham Kollin, Messrs. McCreary, Hinslea & Ray, Mr. Ansel B. Curtiss, Mr. Hubert B. Fuller, Messrs. Walter & Haverfield, Mr. F. Wilson Chockley, Jr., and Mr. Robert Merkle, for defendant appellees and cross-appellants.

HERBERT, J.

Although many errors are assigned herein by each party to this appeal, all of which will be considered herein, the ultimate question presented is whether the judgment of the Court of Appeals which holds "unconstitutional, null and void" the amendments to the original comprehensive zoning ordinance of November 5, 1929, so far as they purport to restrict the improvement, use and enjoyment of the properties of the appellees which had been substantially improved...

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