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MOBILE OIL CORP. v. ROCKY RIVER

No. 73-95.

38 Ohio St. 2d 23 (1974)

MOBIL OIL CORP., APPELLEE, v. CITY OF ROCKY RIVER ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 10, 1974.

Attorney(s) appearing for the Case

Messrs. Calfee, Halter & Griswold, Mr. Brian M. Eisenberg and Mr. Robert J. Amsdell, for appellee.

Messrs. Kelley, McCann & Livingstone, Mr. Walter C. Kelley, Mr. Stephen M. O'Bryan and Mr. Frank H. Lord, director of law, for appellants.

STERN, J.

The basic question raised here concerns the property formulation of the issue that is presented to a trial court in an appeal, pursuant to R. C. Chapter 2506, which challenges the constitutionality of a zoning ordinance as applied. Our decision in State, ex rel. Sibarco Corp., v. City of Berea (1966), 7 Ohio St.2d 85, 218 N.E.2d 428, made it clear that zoning restriction may be constitutionally questioned...

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