STATE, EX REL. COMMUNITY IMPROVEMENT CORP. v. CITY OF INDEPENDENCE

No. 39836.

6 Ohio St. 2d 70 (1966)

THE STATE, EX REL. COMMUNITY IMPROVEMENT CORP., APPELLANT, v. CITY OF INDEPENDENCE, APPELLEE.

Supreme Court of Ohio.

Decided April 13, 1966.


Attorney(s) appearing for the Case

Messrs. Snyder, Neff & Chamberlin and Mr. Owen Calvin Neff, for appellant.

Mr. Walter C. Kelley, Jr., law director, for appellee.


MATTHIAS, J.

The principal error assigned in this case is that the Court of Appeals was in error in determining, under the facts and circumstances, that relator is not entitled to the relief prayed for. Therefore, this court is requested to make a factual determination as to whether the property involved is, as relator contends, unsuitable for single-residential purposes, and that the zoning ordinance is thus an unconstitutional deprivation of property without due...

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