BAZELL v. CITY OF CINCINNATI

Nos. 41118 and 41386.

13 Ohio St. 2d 63 (1968)

BAZELL, APPELLANT, v. CITY OF CINCINNATI ET AL, APPELLEES. HAMILTON COUNTY, OHIO, APPELLEE, v. CLOUD, AUDITOR OF STATE, ET AL.; KELLEY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided January 24, 1968.


Attorney(s) appearing for the Case

Messrs. Kelley & Grossheim and Mr. E. Ronald Grossheim, for appellant in case No. 41118.

Mr. William A. McClain, city solicitor, Mr. Isabel Guy, Mr. William H. Brewe, Messrs. Peck, Shaffer & Williams and Mr. Judson J. Allgood, for appellees in case No. 41118.

Messrs. Peck, Shaffer & Williams, Mr. Judson J. Allgood, Mr. Andrew J. Conroy and Mr. Frederick O. Kiel, for appellee in case No. 41386.

Mr. Graham P. Hunt, Jr., and Mr. Robert H. Fosdick, in propria personae, in case No. 41386.

Messrs. Kelley & Grossheim, for appellants in case No. 41386.


TAFT, C. J.

In each case, the record disclosed that the proposed stadium is designed to accommodate large crowds (approximately 50,000) at athletic and other exhibitions, including major league baseball and major league football games.

In the injunction case, it is contended that the city may not erect and maintain the stadium with public funds because the stadium is "designed to peculiarly benefit a few individuals rather than the public in general."

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