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WEST SIDE WOMEN'S SERV. v. CITY OF CLEVELAND

No. C77-1112.

450 F.Supp. 796 (1978)

WEST SIDE WOMEN'S SERVICES, INC., et al., Plaintiffs, v. CITY OF CLEVELAND et al., Defendants.

United States District Court, N. D. Ohio, E. D.

March 1, 1978.

Attorney(s) appearing for the Case

Sheldon Berns, Michael Diamant, of Kahn, Kleinman, Yanowitz & Arnson, Cleveland, Ohio, for plaintiffs.

Karen Newborn, Sharmon Sollitto, Asst. Directors of Law, City of Cleveland, Cleveland, Ohio, for defendants.

MEMORANDUM OPINION AND ORDER

BATTISTI, Chief Judge.

Plaintiffs, a physician and a clinic corporation, have rented facilities for use as an abortion clinic on the west side of Cleveland in an area zoned for "local retail business." Professional medical offices are permitted in these districts by the City zoning ordinances. On June 18, 1977, the City Council passed, as an emergency measure, section 231.09 of the Codified Ordinances of the City of Cleveland...

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