CURTISS v. CITY OF CLEVELAND

No. 35649.

170 Ohio St. 127 (1959)

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

Supreme Court of Ohio.

Decided December 16, 1959.


Attorney(s) appearing for the Case

Mr. Vincent Arnold, for plaintiff appellee.

Mr. Ralph S. Locher, director of law, Mr. Joseph H. Crowley, Mr. Julius A. Begam, Mr. Allen Fonoroff and Mr. Daniel J. O'Loughlin, for appellant.

Messrs. Walter & Haverfield, Mr. F. Wilson Chockley, Jr., Mr. Robert Merkle and Mr. Abraham Kollin, for defendant appellees.


TAFT, J.

When this case was previously before us, we stated in paragraph two of the syllabus that owners of substantially improved lands "have no constitutional right to rely upon the provisions of an original comprehensive municipal zoning ordinance so as to permanently impair or prevent the adoption of a subsequent amendatory ordinance"; and, at that time, we reversed the judgment of the Court of Appeals because that court had apparently based...

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