Miesz v. Village of Mayfield Heights

This case has significance for other than the immediate parties, because it involves the consti tutionality of a zoning ordinance regulating the stripping and removal of loam or topsoil from land within residential and other higher use districts; a question not heretofore considered by Ohio courts. The parties will be designated as plaintiff and defendant, as they appeared in the trial court.

The plaintiff, Miesz, is in the business of general excavating and grading and is also a dealer in topsoil and humus. In May 1950 he purchased 100 acres of land located in the U-l or single residence use…