89 N.E.2d 471
No. 31940Supreme Court of Ohio.
Decided December 14, 1949.
Supreme Court — Dismissal — No debatable constitutional question involved — Judgment for defendant in action for declaratory judgment and injunction — Municipal zoning ordinance adjudged void for defect in published notice — Subsequent ordinance rezoned area from commercial to residence use — Plaintiff claims res judicata and arbitrary, unreasonable and void rezoning ordinance — Section 1, Article XIV, Amendments, U.S. Constitution — Deprivation of property.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Walter Booth, for appellant.
Mr. Lee C. Howley, director of law, Mr. Robert J. Selzer an Mr. Edward F. McDermott, for appellees.
Page 404
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART and TURNER, JJ., concur.