Decided June 4, 1947.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Zoning ordinance permitting construction of motion-picture theater — And requiring action on building-permit application within five days — Subsequent zoning ordinance changing commercial use to residential — Application for outdoor theater building-permit — Subsequent zoning ordinance adding "indoor" to "moving-picture theater" — Both latter ordinances unanimously passed without submission to planning commission — And failed to contain entire ordinance amended — One publication of 30-day notice of hearing on such two ordinances — Section 4366-11, General Code — Requiring, as to zoning ordinances, one publication — Sections 4228 and 4229, General Code — Requiring as to ordinances generally, unless otherwise provided, several publications — Application for building permit denied after more than five days — Mandamus to compel issuance of permit allowed — Affirmance by Court of Appeals.
APPEAL from the Court of Appeals for Lake county.
Messrs. Blakely, Blakely, for appellees.
Mr. Walter I. Krewson, for appellants.
It is ordered and adjudged 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., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.