Opinion
No. 33175
Decided October 29, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal zoning — Valid exercise of police power, when — Substantially related to public health, safety, morals or welfare — Power to establish zones and classify property legislative — Not interfered with by courts — Unless arbitrary and unreasonable — Court's jurisdiction — Limited to finding regulation valid or invalid — May not determine ultimate classification of zoned area — Or substitute its judgment for that of legislative body — Zoning area for residence — Not invalid because portion more valuable for industrial use — Value of all property in zoned area considered — Courts of Appeals — May render final judgment, when.
APPEAL from the Court of Appeals for Cuyahoga county.
Messrs. Halle, Haber, Berick McNulty and Mr. Wm. R. Brunn, for appellant.
Mr. Michael L. Hearns, for appellee.
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.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, MATTHIAS and HART, JJ., concur.