Legal Opinion

East Fairfield Coal Co. v. Booth

Ohio Supreme Court

Decided May 15, 1957No. 34929Published

1Per curiam

Both lower courts held that the subsequently adopted township zoning ordinance, “insofar as its operation prohibits the plaintiffs * * * from removing coal from their land by the strip mining method, * # * is arbitrary and unreasonable, and deprives plaintiffs-appellees of their property without due process of law, in violation of the Fourteenth Amendment to the Constitution of the United States, and Article I, Sections 1,16 and 19 of the Constitution of the State of Ohio. ’ ’

Under the particular facts in this case, was this error? If not, the decree of the Court of Appeals must be affirmed.

Th…

2Cases cited5 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. In Re KelsoCalifornia Supreme Court · 1905
  3. Frecker v. City of DaytonOhio Supreme Court · 1950
  4. State, Ex Rel. Euverard v. MillerOhio Court of Appeals · 1954
  5. Frecker v. City of DaytonOhio Court of Appeals · 1949

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