(Download) "Curtiss v. Cleveland" by The Supreme Court of the State of Ohio ~ Book PDF Kindle ePub Free
eBook details
- Title: Curtiss v. Cleveland
- Author : The Supreme Court of the State of Ohio
- Release Date : January 16, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
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TAFT, J. When this case was previously before us, we stated in paragraph two of the syllabus that owners of substantially improved
lands "have no constitutional right to rely upon the provisions of an original comprehensive municipal zoning ordinance so
as to permanently impair or prevent the adoption of a subsequent amendatory ordinance"; and, at that time, we reversed the
judgment of the Court of Appeals because that court had apparently based its judgment upon a conclusion of law "that those,
who had expended capital in acquiring and substantially improving lands for 'retail business' in reliance upon and in conformity
with the zoning ordinance in effect prior to these amendatory ordinances, were * * * entitled to rely upon the continuance
of such prior ordinance without amendments materially increasing restrictions upon the use of their property." Curtiss v.
City of Cleveland, 166 Ohio St., 509, 529, 144 N. E. (2d), 177. We are not surprised that the Court of Appeals has again held
the complained of zoning ordinancsamendments invalid as applied to appellees in the judgment now under review and has based
that judgment upon grounds which we believe are sound.