State ex Kangesser Co. v. Beachwood Village

OPINION

By STEVENS, PJ.:

This is an appeal on questions of law from a judgment of the Court of Common Pleas of Cuyahoga County, ordering the issuance of a writ *74of mandamus requiring the defendants to issue a building permit to relator for the construction of a one-story, two-unit commercial building, on premises owned by relator.

The trial court predicated its allowance of a writ of mandamus, solely upon its conclusion that the amendment (1951-35) to the comprehensive zoning ordinance of the Village of Beachwood constituted spot zoning and hence was invalid.

This appeal challenges the propriety…