Brown v. City of Cleveland

Appellant contends, in essence, that (1) his property is immune from governmental regulation because he is adding a permitted use to a non-conforming use; (2) the trial court committed reversible error by suppressing allegedly relevant, probative evidence; and (3) he has been unconstitutionally denied equal protection of the law since the city of Cleveland permits similarly-situated property owners to operate gasoline service stations and grocery stores at one site.

It is imperative to note that, in arriving at our decision today, we are guided by an overriding, fundamental principle of Ohio…