FOREST CITY ENTERPRISES v. EASTLAKE

No. 73-901.

41 Ohio St. 2d 187 (1975)

FOREST CITY ENTERPRISES, INC., APPELLANT, v. CITY OF EASTLAKE, APPELLEE.

Supreme Court of Ohio.

Decided March 19, 1975.


Attorney(s) appearing for the Case

Messrs. Thompson, Hine & Flory, Mr. William D. Ginn, Mr. Michael M. Hughes and Mr. Stephen L. Buescher, for appellant.

Messrs. Andrews & Illenberger and Mr. J. Melvin Andrews, for appellees.


PAUL W. BROWN, J.

Appellant challenges the validity of Section 3, Article VIII of the Eastlake City Charter, which provides that no ordinance changing land use becomes effective until ratified by 55 percent of the voters in a city-wide election. Because such provision denies appellant due process of law, we hold it unconstitutional.

I

Since Euclid v. Ambler Realty Co. (1926), 272 U.S. 365, the constitutionality...

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