Quatman v. Village of Russells Point

This is an appeal on questions of law from an action in mandamus brought in the Common Pleas Court by the owners of certain real property to require the respondent village, through its board of adjustment, to cause a portion of the property zoned for residential use to be rezoned to the same commercial classification applying to the balance of their adjacent property. There was filed by respondent village, as one document, a demurrer to the petition on the ground that it did not state a cause of action, a motion to strike certain portions of the petition as constituting evidence and as…