State ex rel. Spiccia v. Abate

Ohio Supreme Court May 5, 1965

State ex rel. Spiccia v. Abate, 31 Ohio Law Rep. 43 (Ohio 1965)

Brown, Herbert, Matthias, Neill, Schneider, Sixth, Smith, Taft, Zimmerman

Opinion of the Court

Brown, Judge.

What constitutes a “restaurant” as opposed to a “drive-in restaurant” for the purpose of determining the permitted use of property under a zoning classification in which those terms are not otherwise defined is determined by considering the common and ordinary meaning of those terms, liberally construing them in favor of the permitted use so as not to extend the restrictions of the ordinance to any limitation of use not therein clearly prescribed.

Judgment affirmed.

Taft, C. J., Smith, Matthias, O’Neill, Herbert and Schneider, JJ., concur. Smith, J., of the Sixth Appellate District, sitting for Zimmerman, J.

Reference

Full Case Name: The State, ex rel. Spiccia v. Abate, Bldg. Commr.
Status: Published