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STATE, EX REL. SPICCIA, v. ABATE, BLDG. COMMR

No. 38727.

2 Ohio St. 2d 129 (1965)

THE STATE, EX REL. SPICCIA, APPELLEE, v. ABATE, BLDG. COMMR., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 5, 1965.

Attorney(s) appearing for the Case

Mr. Sanford W. Likover, for appellee.

Mr. William H. Stein, director of law, and Mr. Charles E. Merchant, for appellants.

BROWN, J.

What constitutes a "restaurant" or a "drive-in restaurant" is not otherwise defined in the zoning ordinance, hence whether the proposed use constitutes one or the other was determined by considering the common and ordinary meaning of those terms. This was proper. Since the ordinance is a police regulation and imposes restrictions upon the use of property, the language defining a permitted use is required to...

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