STATE, EX REL. RIVER GROVE PARK, INC., v. CITY OF KETTERING

No. 2606.

118 Ohio App. 143 (1962)

THE STATE, EX REL. RIVER GROVE PARK, INC., v. CITY OF KETTERING ET AL.

Court of Appeals of Ohio, Montgomery County.

Decided April 2, 1962.


Attorney(s) appearing for the Case

Messrs. Young, Pryor, Strickland & Falke, for relator.

Messrs. Landis, Ferguson, Bieser & Greer, for respondents.


KERNS, J.

This is an action filed originally in this court wherein the relator seeks a writ of mandamus ordering the respondents to issue a building permit for the construction of commercial buildings in an area now designated as "Residence 1" by the Kettering zoning ordinances.

In January 1960, the relator entered into a written agreement to purchase approximately sixteen acres which is the subject of the present dispute. The agreement, however, is subject...

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