City of Youngstown v. Kahn Bros. Building Co.

The plaintiff in error contends that the building contemplated by the defendants in error violates the so-called zoning ordinance of the city of Youngstown, and that the Court of Appeals therefore erred in making the injunction perpetual.

The defendant in error contends that the ordinance is unconstitutional, in that it contravenes provisions of both the federal and state Constitutions, namely, the Fourteenth Amendment of the Constitution of the United States, which provides, “Nor shall any state deprive any person of life, liberty or property, without due process of law,” and Article I,…