State Ex Rel. Ohio Oil Co. v. City of Defiance

This is an action in mandamus, originating in this court, to compel the safety-service director of the defendant city to issue a building permit to plaintiff for the erection of a super-service station on two lots on which plaintiff holds an option from the defendants Sutphen. The permit was denied solely on the ground that the land involved was classified as residential under Ordinance No. 1035, enacted March 19, 1935, as an emergency measure by the city council, which so-called zoning ordinance is attacked as being unconstitutional.

This ordinance, which is very short, consists of about two…