Opinion
No. 27308
Decided December 21, 1938.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal zoning ordinance — Prior building permit to build factory and automobile heaters manufactured — District subsequently zoned for apartment houses — Non-conforming use permitted until abandoned — Original building used partly for storage and some equipment removed — Remainder of building leased to lessee manufacturing washboards — City not enjoined from ordering use discontinued — Section 1, Article I, and Section 19, Article I, Constitution — 14th Amendment, U.S. Constitution.
APPEAL from the Court of Appeals of Franklin county.
Messrs. Watson, Davis Joseph and Mr. Peter Vacca, for appellant.
Mr. John L. Davies, city attorney, Mr. E.W. McCormick and Mr. John L. Davies, Jr., for appellees.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., DIXON, DAY and WILLIAMS, JJ., concur.