SUPERIOR UPTOWN v. CLEVELAND

No. 73-659.

39 Ohio St. 2d 36 (1974)

SUPERIOR UPTOWN, INC., APPELLEE, v. CITY OF CLEVELAND, APPELLANT.

Supreme Court of Ohio.

Decided July 3, 1974.


Attorney(s) appearing for the Case

Messrs. Schulman & Schulman and Mr. Jack Schulman, for appellee.

Mr. Herbert R. Whiting, director of law, and Mr. Robert McCarthy, for appellant.


O'NEILL, C. J.

The dual nature of the relief granted by the Court of Common Pleas and affirmed by the Court of Appeals frames the issues presented in this appeal.

I.

Appellant advances two reasons in support of its contention that the lower courts erred in holding the rezoning ordinance unconstitutional. The first is procedural in nature. Appellant argues that the trial court erred in denying its motion...

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