B. PLAZA, INC. v. BROOKLYN, 170 Ohio St. 557 (1960)


167 N.E.2d 93

BROOKLYN PLAZA, INC., APPELLANT v. CITY OF BROOKLYN, APPELLEE.

No. 36427Supreme Court of Ohio.
Decided April 13, 1960.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Zoning — Action to enjoin enforcement of municipal ordinance — Restricting property to residential use — Constitutionality — Proposed “shopping center” — Evidence — Character of surrounding property — Section 19, Article I, Constitution — Section 3, Article XVIII, Constitution — Article XIV, Amendments, U.S. Constitution.

APPEAL from the Court of Appeals for Cuyahoga County.

Mr. William J. Kraus, for appellant.

Mr. Walter A. Savage, city solicitor, for appellee.

The appeal as of right herein is dismissed sua sponte for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and PECK, JJ., concur.

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