Wondrak v. Kelley

The sole question presented is whether under the pleaded facts challenged by the demurrer, Section 21 of the building code ordinance is constitutional and is a proper and legitimate exercise of the police power; or whether the ordinance is so arbitrary and unreasonable as to abridge the rights of the defendants in their property in contravention of constitutional guaranties given them by the Fourteenth Amendment of the Federal Constitution and by Article I, Section 1 of the Ohio Constitution. When the exercise of police power by municipal authorities is challenged by a property owner who…