SUM OIL CO. v. CITY OF UPPER ARLINGTON

No. 77AP-541.

55 Ohio App. 2d 27 (1977)

SUN OIL COMPANY OF PENNSYLVANIA, APPELLANT, v. CITY OF UPPER ARLINGTON, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided December 20, 1977.


Attorney(s) appearing for the Case

Messrs. Schwenker & Reeves and Mr. Bruce E. Reppert, for appellant.

Mr. Robert J. Holland, city attorney, for appellee.


WHITESIDE, J.,

Plaintiff appeals from a judgment of the Franklin County Court of Common Pleas and raises four assignments of error, as follows:

"1. The trial court erred in holding constitutional zoning for solely aesthetic purposes; the judgment is contrary to law.

"2. Judgment for the appellee was against the manifest weight of the evidence.

"3. The court's holding that vested non-conforming uses may be constitutionally prohibited is contrary...

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