Property Keyed to Merrill
Village of Euclid v. Ambler Realty Co.
CaseCast™ – "What you need to know"
Ambler Realty Co. (“Plaintiff”) was the owner of land in the Village of Euclid (“Defendant”). Defendant was known to be a residential suburb in Cleveland, Ohio. In 1922, Defendant authorized comprehensive zoning ordinances and composed a board of zoning appeals to enforce the ordinances. Under the regulation, districts were created based on the class of use, which encompassed purely residential use, mixed use, commercial use, and industrial use. Due to the ordinance, Plaintiff’s land was partitioned in regards to the types of uses that were authorized on the land. Also, parts of Plaintiff’s land were zoned in a manner to forbid the emergence of industry. Plaintiff instigated this action against Defendant on the ground that the zoning ordinance constituted a violation of the Fourteenth Amendment of the United States Constitution and the Ohio Constitution. Plaintiff alleged that the ordinance substantially decreased Plaintiff’s land’s value and dissuaded potential buyers. Defendant motioned to dismiss the case claiming that the zoning regulations were not being enforced against Defendant because Plaintiff did not apply for a building permits. Defendant’s motion was denied, and the district court found that the Defendant’s ordinance was unconstitutional. Therefore, the district court enjoined its enforcement. Defendant appealed to the United States Supreme Court.
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