STATE, EX REL. IAUS v. CARLTON

No. 35544.

168 Ohio St. 279 (1958)

THE STATE, EX REL. IAUS, APPELLANT, v. CARLTON ET AL., MANTUA TWP. TRUSTEES, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 19, 1958.


Attorney(s) appearing for the Case

Mr. Irwin Greene and Mr. Walter L. Greene, for appellant.

Mr. Robert E. Cook, for appellees.


Per Curiam.

Section 2731.01, Revised Code, provides that mandamus is a writ issued to command the performance of an act which the law specially enjoins as a duty resulting from an office, trust or station, and relator is asking the court for such a writ to compel respondents to issue to relator a building and use permit, and at the same time claims that the zoning resolution enjoining the duty is unconstitutional. Relator did not appeal to the Board of Zoning...

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