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STATE, EX REL. BEERMAN v. CITY OF KETTERING

No. 2653.

120 Ohio App. 309 (1963)

STATE, EX REL. BEERMAN, v. CITY OF KETTERING ET AL.

Court of Appeals of Ohio, Montgomery County.

Decided August 9, 1963.

Attorney(s) appearing for the Case

Messrs. Goldman, Cole & Putnick and Mr. Frederick C. O'Grady, for relator.

Messrs. Bieser, Greer & Landis, for respondents.

KERNS, P.J.

This is an action in mandamus originating in this court. The relator seeks a writ requiring the respondents to grant a zoning certificate and to compel the issuance of building permits for the construction of a retail shopping facility with self-contained parking in an area now designated as "Residential 1" and "Residential 3" by the Kettering zoning ordinances.

The respondents' initial challenge...

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