Russell v. Linton

OPINION

By MERRICK, J:

Some of the facts in this case must be set forth to portray a better understanding of the legal conclusions arrived at in this opinion. In May, 1953, the Solon village council re-zoned certain territory for industrial uses. Plaintiffs are owners of land within this territory. After the enactment of the ordinance, some steps were taken to secure a referendum. The petition for such referendum was found by the village clerk to be defective and the same was not certified to the board of elections, and this avenue of review was not further pursued. Subsequently a petition…