State, Ex Rel. Ice & Fuel Co., v. Kreuzweiser
| Decision Date | 17 April 1929 |
| Docket Number | 21490 |
| Citation | 166 N.E. 228,120 Ohio St. 352 |
| Parties | The State, Ex Rel. The Ice & Fuel Co., v. Kreuzweiser, Inspector Of Bldgs. |
| Court | Ohio Supreme Court |
Municipal corporations - Building inspector to issue building permit - Mandamus - Permit refused because building might conflict with future zoning ordinance.
This is a suit in mandamus and was instituted in the Court of Appeals of Mahoning county on October 16, 1928. The relator seeks a writ to require the respondent, as inspector of buildings for the city of Youngstown, to issue to it a permit to erect an ice plant in that city on a certain location described in the application. An alternative writ of mandamus was issued by the Court of Appeals October 16, 1928, and made returnable October 22, 1928. Later the case was submitted to the Court of Appeals upon an agreed statement of facts, in substance as follows:
The relator on August 28, 1928, made written application to the respondent for a permit to erect an ice plant at the specified location in said city, which comprises a complete city block; relator did not then have complete plans and specifications for its building, but did have and present to the inspector plans and specifications of similar buildings located elsewhere, and discussed with him the type, size character, dimensions, and location of the proposed building and thereupon said inspector issued a permit to erect the proposed building, as requested, and was paid the requisite fee therefor. Complete plans and specifications complying fully with the city requirements were to be furnished within a few days. Thereafter, on September 11, 1928, the relator completed the purchase of the lots constituting the location of the proposed building which it had theretofore held under option, and paid the purchase price therefor, to wit, $28,500. Subsequently, to wit, September 28, 1928, the relator completed the construction of a switch track to and over said property at an expense of $1,500. On September 29, 1928, the respondent notified the relator in writing that said building permit was revoked on account of failure to submit plans for the proposed ice plant.
On October 1, 1928, there was introduced in the council of the city of Youngstown a certain zoning ordinance of an emergency character in form, which is referred to as a "stop gap" measure; its purpose being to retain the status quo of the building conditions in the city. Its passage was requested by the planning commission of the city as a temporary zoning ordinance, pending the preparation of a plan for the complete zoning of the city.
The relator on October 10, 1928, presented plans and specifications of the proposed building to the respondent and demanded a reissuance of its permit for the construction of said building at the specified location, as indicated in the plans and specifications, which was refused by the respondent in writing; the reason stated being "that the City Planning Commission has proposed a zoning plan, with which plan this building may conflict because of its character, but not because of the violation of the state or city...
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