State ex rel. Taylor v. Whitehead

The issue presented for this court’s resolution is whether the use of the land by a public utility results in an unconstitutional taking of the neighboring landowners’ property rights.

Appellants contend that the use of land by a public utility not possessing the power of eminent domain, in violation of township zoning regulations, is an unconstitutional taking, without compensation of neighboring property owners’ right of enjoyment. They argue that their properties declined in value, that their right to the continuation of the higher zoning classification has been denied and that the trucks…