STATE, EX REL. DAVIS INVESTMENT CO. v. COLUMBUS

No. 36687.

175 Ohio St. 337 (1963)

THE STATE, EX REL. DAVIS INVESTMENT CO., v. CITY OF COLUMBUS ET AL.

Supreme Court of Ohio.

Decided December 18, 1963.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright & Warren, for relator.

Mr. Russell Leach, city attorney, Mr. Jack C. Young and Mr. Alba L. Whiteside, for respondents.


ZIMMERMAN, J.

The controlling issue in this case is whether emergency Ordinance No. 618-60 is a valid enactment and, if so, whether it is operative to prevent the Board of Zoning Adjustment from granting relator the relief it asks.

Relator, in claiming the right to a writ of mandamus, makes the following contentions:

1. Ordinance No. 618-60 may not be used retroactively to destroy the vested property right relator had under Section 3309.06(b) and which...

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