113 N.E.2d 366
No. 33550Supreme Court of Ohio.
Decided July 1, 1953.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Zoning — “Restaurant” permitted in district — Sale of liquor neither permitted nor barred — Board of Zoning Appeals refused permits for restaurant — Plans disclosed kitchen area one-ninth dining room size — Standard specifications require kitchen one-fourth size of dining space — Board’s finding — That building to be used primarily for selling alcoholic beverages — Not arbitrary or unreasonable, when — Serving of food incidental — Kitchen facilities inadequate for restaurant operation — Court not to substitute its judgment for board’s — Board of Liquor Control — Authority to determine who may sell liquor at retail — Whether business selling hot meals a restaurant.
APPEAL from the Court of Appeals for Lake county.
Mr. M. Alfred Roemisch, Mr. Herbert L. Wright and Mr. Lester W. Donaldson, for appellant.
Messrs. Squire, Sanders Dempsey, Mr. John Lansdale, Jr., an Mr. Fred S. McConnell, Jr., for appellees.
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., MIDDLETON, TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.
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