State ex rel. Wiegel v. Randall, 33247
Citation | 160 Ohio St. 327,116 N.E.2d 300 |
Decision Date | 16 December 1953 |
Docket Number | No. 33247,33247 |
Parties | , 52 O.O. 212 STATE ex rel. WIEGEL et al. v. RANDALL et al. |
Court | United States State Supreme Court of Ohio |
Victor F. Schmidt, Columbus, for relators.
No appearance for respondents.
The relators, as trustees of the Wadsworth Company of Jehovah's Witnesses, by this action in mandamus seek to compel the respondents to issue to relators a building permit, under the zoning and building ordinance of the city of Wadsworth, to erect a church building.
It is alleged in the petition that, at all times since the original application for a permit until the final refusal, the lot on which the building was proposed to be erected was in a zone in which the erection of church buildings was permitted; that all requirements of the zoning ordinance have been complied with as far as relators are concerned; that other religious organizations have been allowed to build and alter their church buildings in that district; and that the action taken by respondents is arbitrary, discriminatory and an abuse of discretion and there is no basis in fact or law for their decision.
No issue has been raised by respondents, they being in default of motion, demurrer or answer. Relators have filed a motion for summary judgment.
Accordingly, relators' motion is sustained and a writ of mandamus is allowed. See Section 12294, General Code, Section 2731.-10, Revised Code.
Writ allowed.
To continue reading
Request your trial-
State ex rel. Spirko v. Judges of Court of Appeals, Third Appellate Dist., 85-1784
...375; see, also, State ex rel. Brown v. Internatl. University (1978), 56 Ohio St.2d 149, 383 N.E.2d 131 ; State ex rel. Wiegel v. Randall (1953), 160 Ohio St. 327, 116 N.E.2d 300 The statutes relator emphasizes to impose a duty on the respondents to provide a full transcript for his capital ......
-
State ex rel. River Grove Park, Inc. v. City of Kettering
...the granting of building permits denied by local authorities on zoning grounds. Those cases include State, ex rel. Wiegel et al., Trustees v. Randall, Dir., 160 Ohio St., 327, 116 N.E.2d 300; State, ex rel. Fairmount Center Co., v. Arnold, Dir., 138 Ohio St., 259, 34 N.E.2d 777, 136 A.L.R.,......
-
State ex rel. Trusz v. Village of Middleburg Heights
... ... Those cases include State ex rel ... Wiegel v. Randall, 160 Ohio St. 327, 116 N.E.2d 300; State ex rel. Fairmount Center Co. v. Arnold, 138 ... ...
-
State ex rel. Killeen Realty Co. v. City of East Cleveland
...to compel the granting of building permits denied by local authorities on zoning grounds. Those cases include State ex rel. Wiegel v. Randall, 160 Ohio St. 327, 116 N.E.2d 300; State ex rel. Fairmount Center Co. v. Arnold, 138 Ohio St. 259, 34 N.E.2d 777, 136 A.L.R. 840; State ex rel. Synod......