Legal Opinion

State ex rel. Spiccia v. Abate

Ohio Supreme Court

Decided May 5, 1965No. 38727PublishedCited by 22 opinions

1Opinion of the CourtBrown, J.

What constitutes a ‘ ‘ restaurant ” or a “ drive-in restaurant” is not otherwise defined in the zoning ordinance, hence whether the proposed use constitutes one or the other *130was determined by considering the common and ordinary meaning of those terms. This was proper. Since the ordinance is a police regulation and imposes restrictions upon the use of property, the language defining a permitted use is required to be liberally construed in favor of permitting the use proposed by the property owner.

‘‘ Statutes or ordinances * * # which impose restrictions upon the use * * * of private property,…

2Cases cited1 opinion

  1. State Ex Rel. Ice & Fuel Co. v. KreuzweiserOhio Supreme Court · 1929

3Cited by22 opinions

  1. State ex rel. Sibarco Corp. v. City of BereaOhio Supreme Court · 1966
  2. Ben Lomond, Inc. v. City of Idaho FallsIdaho Supreme Court · 1968
  3. Van Camp v. RileyOhio Court of Appeals · 1984
  4. Elbert v. Bexley Planning CommissionOhio Court of Appeals · 1995
  5. Freedom Township Board of Zoning Appeals v. Portage County Board of Mental Retardation & Developmental DisabilitiesOhio Court of Appeals · 1984

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