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STATE, EX REL. THOMAS v. LUDEWIG, COMMR.

No. 1162.

116 Ohio App. 329 (1962)

THE STATE, EX REL. THOMAS ET AL., APPELLEES, v. LUDEWIG, COMMR. OF INSPECTIONS, APPELLANT.

Court of Appeals of Ohio, Butler County.

Decided October 22, 1962.

Attorney(s) appearing for the Case

Mr. George H. Elliott and Mr. Clinton D. Boyd, for appellees.

Mr. Tilmon A. Ellison and Mr. William Rathman, for appellant.

FESS, J.

This is an appeal on questions of law from a judgment of the Common Pleas Court of Butler County in an action in mandamus, in favor of relators, finding that the provisions of zoning ordinances of the city of Middletown, insofar as they purport to prohibit the erection of a gasoline and oil service station on the premises of relators, are arbitrary, unreasonable, and beyond the zoning power of such municipality...

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