108 N.E.2d 281
No. 33100Supreme Court of Ohio.
Decided October 8, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal zoning ordinances — Right to enjoin operation of funeral home in residential district — Nonconforming use prior to effective date of ordinance — Not established, when — Premises not “used” as funeral home prior to ordinance — Emergency ordinances — Effect of failure to set forth reasons for emergency — Emergency clause not properly challenged by referendum or otherwise — Ordinance takes effect in manner of regular ordinance — Ordinance not retroactive, when — Inalienable rights — Inviolability of private property — Sections 1 and 19, Article I, Constitution — Due process — Section 1, Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Mahoning county.
Mr. William A. Mason, for appellee.
Mr. Joseph E. Julius, for appellant.
Per Curiam.
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., ZIMMERMAN, STEWART, MIDDLETON, MATTHIAS and HART, JJ., concur.
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