From Casetext: Smarter Legal Research

Davis v. McPherson

Supreme Court of Ohio
Nov 23, 1955
130 N.E.2d 794 (Ohio 1955)

Summary

noting that trailer park developer had actual and constructive notice of township zoning resolution

Summary of this case from Playland Park, Inc. v. Quality Mold, Inc.

Opinion

No. 34621

Decided November 23, 1955.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Township zoning — Prohibiting trailer camp in retail business district — Motel permitted in same area — Requirements as to area, frontage, depth, set-back lines — Of Public Health Council — Discrimination — Inviolability of private property — Police power — Presumption of validity of resolution — Burden of proof — Due process — Equal protection — Section 519.02, Revised Code — Section 3733.01 et seq., Revised Code — Section 19, Article I, Constitution — Section 1, Article XIV, Amendments, U.S. Constitution.

APPEAL from the Court of Appeals for Summit County.

Mr. Alva J. Russell, prosecuting attorney, and Mr. Gilbert A. Hartz, for appellees.

Mr. Ernest R. Genovese, for appellants.


It is ordered and adjudged, sua sponte, 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, BELL and TAFT, JJ., concur.


Summaries of

Davis v. McPherson

Supreme Court of Ohio
Nov 23, 1955
130 N.E.2d 794 (Ohio 1955)

noting that trailer park developer had actual and constructive notice of township zoning resolution

Summary of this case from Playland Park, Inc. v. Quality Mold, Inc.
Case details for

Davis v. McPherson

Case Details

Full title:DAVIS ET AL., APPELLEES v. MCPHERSON ET AL., APPELLANTS

Court:Supreme Court of Ohio

Date published: Nov 23, 1955

Citations

130 N.E.2d 794 (Ohio 1955)
130 N.E.2d 794

Citing Cases

State, ex Rel. Bugden Dev. Co. v. Kiefaber

The validity and constitutionality of zoning legislation, like other enactments, is always to be presumed.…

Playland Park, Inc. v. Quality Mold, Inc.

The city's zoning regulations are public records that Quality Mold could have obtained, meaning it had at…