ESPY v. VILLAGE OF MONTGOMERY

No. 11479.

30 Ohio App. 2d 65 (1971)

ESPY ET AL., APPELLEES, v. VILLAGE OF MONTGOMERY ET AL., APPELLANTS.

Court of Appeals of Ohio, Hamilton County.

Decided September 20, 1971.


Attorney(s) appearing for the Case

Messrs. Santen, Santen & Hughes, for appellees.

Mr Richard B. Dusterberg, solicitor, village of Montgomery, Ohio, and Messrs. Loeb, Ney & Vollman, for appellants.


YOUNG, J.

This is an appeal from a judgment and final order of the Common Pleas Court of Hamilton County, Ohio, declaring Ordinance No. 18 of the village of Montgomery to be invalid and unconstitutional, as it affects property owned by the plaintiffs, appellees herein, and that the zoning of the property described in that action does not bear a real or substantial relation to the public health, safety, morals or general welfare, and is unreasonable and arbitrary....

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