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GERIJO, INC. v. CITY OF FAIRFIELD

Nos. 93-1300 and 93-1434.

70 Ohio St.3d 223 (1994)

GERIJO, INC., APPELLEE, v. CITY OF FAIRFIELD, APPELLANT.

Supreme Court of Ohio.

Decided September 14, 1994.

Attorney(s) appearing for the Case

Graydon, Head & Ritchey, Anthony G. Covatta and Harry J. Finke IV, for appellee.

Manley, Burke, Fischer & Lipton, Timothy M. Burke and Gary E. Powell; Millikin & Fitton and John H. Clemmons, City Law Director, for appellant.

ALICE ROBIE RESNICK, J.

In Columbia Oldsmobile, Inc. v. Montgomery (1990), 56 Ohio St.3d 60, 564 N.E.2d 455, this court held that in order to invalidate a zoning ordinance on constitutional grounds, the party attacking the regulation must establish, beyond fair debate, that the zoning classification denies him or her an economically viable use of the zoned property without substantially advancing a legitimate interest...

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