C.D.S., INC. v. GATES MILLS

No. 85-1299.

26 Ohio St. 3d 166 (1986)

C.D.S., INC., APPELLEE, v. VILLAGE OF GATES MILLS ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 25, 1986.


Attorney(s) appearing for the Case

Frank Leonetti, for appellee.

Squire, Sanders & Dempsey, Charles F. Clarke, Daniel J. O'Loughlin, Bissell & Bissell and Robert K. Bissell, for appellants.


Per Curiam.

The issue before us is whether a provision in a charter municipality's Zoning Code, intended to protect a permitted nonconforming use, should be interpreted to prevent enforcement of a valid health, safety and welfare regulation in the municipality's Fire Prevention Code. For the reasons to follow we hold for the municipality and reverse the appellate court decision.

I

The appellate court construed the off-street parking requirements...

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