Legal Opinion

City of East Cleveland v. Board of County Commissioners

Ohio Supreme Court

Decided January 13, 1982No. 80-1609PublishedCited by 3 opinions

1Opinion of the CourtKrupansky, J.

For the reasons discussed below, we affirm the judgment of the Court of Appeals.

*26I.

The primary issue raised in the instant cause is whether the zoning provisions of a municipality may restrict or limit a county, vested with the power of eminent domain, in the use of public property for public purposes.

The trial court, relying on a line of older cases including Doan v. Cleveland Short Line Ry. Co. (1915), 92 Ohio St. 461, held that zoning ordinances of municipalities are ineffective to prevent or restrict the use of land by the state or any of its agencies vested with the power of eminent…

2Cases cited2 opinions

  1. Niehaus v. State Ex Rel. Board of EducationOhio Supreme Court · 1924
  2. Brownfield v. StateOhio Supreme Court · 1980

3Cited by3 opinions

  1. Laketran Board of Trustees v. City of MentorOhio Court of Appeals · 1999
  2. Cuyahoga Metropolitan Housing Authority v. City of ClevelandOhio Court of Appeals · 1989
  3. Wise v. Qualified Emergency Specialists, Unpublished Decision (12-17-1999)Ohio Court of Appeals · 1999

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