CONSOLIDATED MGMT., INC. v. CITY OF CLEVELAND

No. 82-1055.

6 Ohio St. 3d 238 (1983)

CONSOLIDATED MANAGEMENT, INC. ET AL., APPELLEES, v. CITY OF CLEVELAND ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 17, 1983.


Attorney(s) appearing for the Case

Harbarger, Kelleher, Treister, Klonowski & Carbone Co., L.P.A., Mr. David R. Harbarger and Mr. Stephen M. Klonowski, for appellees.

Mr. James E. Young, director of law, Mr. Michael A. Pohl and Mr. Irving Berger, for appellants.


HOLMES, J.

The issue before us centers on the statutory construction of certain provisions of the Cleveland zoning code and whether a variance was properly issued pursuant to such provisions. The lower courts, in construing the code, upheld the granting of appellees' variance without requiring evidence of unreasonable hardship or practical difficulty to the property in question. We disagree with this interpretation and, therefore, reverse the lower court's decision...

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