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Property Law Keyed to Cribbet
Moore v. City of East Cleveland
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The City of East Cleveland adopted a housing ordinance, which limited the occupancy of a dwelling unit to a single family. The ordinance had an unusual definition of what constituted a family, which recognized only a few categories of related individuals and had the effect of making it illegal for Moore (Appellant) to live with her grandsons where she lived with her son, his son, and another grandson. In 1973, Moore received a notice of violation from the City, stating that the grandson who was not her son’s son was an “illegal occupant” and directed Appellant to comply with the ordinance. The City then filed a criminal charge when Appellant refused to remove the grandson. Appellant was convicted and sentenced to five days in jail and a $25.00 fine. The Court of Appeals of Ohio affirmed after considering Appellant’s claims that the ordinance violated the Due Process Clause of the Fourteenth Amendment. The Supreme Court of Ohio denied review. The Supreme Court of the United Sta tes noted probable jurisdiction and reviewed the case.
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