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CITY OF EASTLAKE v. FOREST CITY ENTERPRISES, INC.

No. 74-1563.

426 U.S. 668 (1976)

96 S.Ct. 2358

49 L.Ed.2d 132

CITY OF EASTLAKE ET AL. v. FOREST CITY ENTERPRISES, INC.

Supreme Court of United States.

Decided June 21, 1976.

Attorney(s) appearing for the Case

J. Melvin Andrews argued the cause and filed briefs for petitioners.

William D. Ginn argued the cause for respondent. with him on the brief were Michael M. Hughes and Stephen L. Buescher.*

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

The question in this case is whether a city charter provision requiring proposed land use changes to be ratified by 55% of the votes cast violates the due process rights of a landowner who applies for a zoning change.

The city of Eastlake, Ohio, a suburb of Cleveland, has a comprehensive zoning plan codified in a municipal ordinance. Respondent, a real estate...

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