In Criterion Service, Inc. v. City of East Cleveland, 88 N.E.2d 300, appeal dismissed, 152 Ohio St. 416, 89 N.E.2d 475, it was held that a zoning ordinance which prohibited advertising signs and billboards except as they might be displayed as an accessory use to the business conducted on the property was constitutional, the court pointing out that outdoor advertising is a business that is subject to classification as are all other commercial enterprises.Summary of this case from Landau Advertising Co. v. Zoning Board of Adjustment
Decided December 14, 1949.
Supreme Court — Dismissal, sua sponte — No debatable constitutional question involved — Injunction denied outdoor advertising company — Municipal zoning ordinance — Advertising signs and billboards excluded from retail store districts — Company leased outside wall space, installed wall boards and posted advertisements — Municipal authorities refused permits and ordered signs and billboards removed — Deprivation of property, due process and equal protection of law — Sections 1 and 19, Article 1, Constitution — Section 1, Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Messrs. Rocker Schwartz, and Mr. Francis B. Douglass, for appellant.
Mr. E.A. Binyon, for appellee.
It is ordered and adjudged, sua sponte, that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
WEYGANDT, C.J., MATTHIAS, HART and TURNER, JJ., concur.