133 N.E.2d 130

COURTNEY, APPELLANT v. CITY OF CLEVELAND ET AL., APPELLEES.

No. 34701Supreme Court of Ohio.
Decided March 7, 1956.

Supreme Court — Dismissal — No debatable constitutional question involved — Injunction — To restrain enforcement of zoning ordinance — Application for building permit to remodel house denied — Use as rest home — Cross-petition to enjoin proposed use — Premises zoned for single-family dwellings by ordinance amendment — Procedure for adoption of zoning-ordinance amendment — Necessity for publication of notice of public hearing — Sections 713.01 to 713.14, Revised Code — Sections 1 and 19, Article I, Constitution — Section 10, Article I, U.S. Constitution — Due process — Section 16, Article I, Constitution — Section I, Article XIV, Amendments, U.S. Constitution.

APPEAL from the Court of Appeals for Cuyahoga County.

Mr. Paul H. Torbet and Mr. Edward J. Schweid, for appellant.

Mr. Ralph S. Locher, director of law, Mr. Joseph H. Crowley an Mr. John F. Dolan, for appellees.

Page 76

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 BELL, JJ., concur.

TAFT, J., dissents.

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