Smeltzer v. Messer

Clay, Commissioner

Affirming.

This suit was brought by neighboring property owners for a mandatory injunction requiring appellees (husband and wife) to remove a dwelling house on their own property, because its type and size violated the provisions' of' a zoning ordinance of the City of Erlangen A general demurrer to plaintiffs’ petition was sustained and it was dismissed.

In 1947 the municipality enacted an ordinance restricting the use and regulating the capacity of structures erected in the area where appellees’ property is located. Erlanger is in Kenton County; the land which the ordinance…