COLUMBIA OLDSMOBILE, INC. v. CITY OF MONTGOMERY

No. 89-1132.

56 Ohio St. 3d 60 (1990)

COLUMBIA OLDSMOBILE, INC., APPELLEE, v. CITY OF MONTGOMERY, APPELLANT.

Supreme Court of Ohio.

Decided December 12, 1990.


Attorney(s) appearing for the Case

Keating, Muething & Klekamp, Joseph Trauth, Jr. and Richard Creighton, Jr., Porter, Wright, Morris & Arthur, Ronald W. Gabriel and Robert A. Meyer, Jr., for appellee.

Richard B. Dusterberg, director of law, Schwartz, Manes & Ruby Co., L.P.A., William B. Singer, Calfee, Halter & Griswold, John Gotherman, Mark I. Wallach and Joseph A. Castrodale, for appellant.

Thompson, Hine & Flory, Jack F. Fuchs and Richard B. Tranter, urging affirmance for amicus curiae, Ohio Home Builders Association.

Judkins & Hayes and Robert J. Judkins, urging affirmance for amici curiae, American Planning Association and Ohio Planning Conference.

Baker & Hostetler, Michael E. Minister and Jane S. Arata, urging reversal for amicus curiae, Ohio Municipal League.


Per Curiam.

This case presents the question of whether a trial court must uphold a municipal zoning ordinance when there is competent, credible evidence that the ordinance allows the landowners to retain an economically viable use of their land and that the ordinance substantially advances a legitimate governmental interest in the health, safety or welfare of the community. We answer this question in the affirmative. Thus, we must reverse the judgment of the...

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