ZONING - MUNICIPAL CORPORATIONS - DUE PROCESS - RESTRICTIONS ON POWER TO CHANGE ZONING PLAN PREVIOUSLY ADOPTED

The plaintiff owned several lots in a subdivision which the defendant city changed from a class "B" residence district to a class "C" residence district. In an action for a declaratory judgment the plaintiff asked the court to pronounce the amendment making pie change void. The declaration contained the following allegations: that there was already sufficient undeveloped class "C" property to satisfy present and future building needs; that the change was made at the instance of private persons, for their benefit, and not in the public interest; that the new classification would decrease the value and enjoyment of the plaintiff's property. Held, on demurrer, the amendment is of no force and effect.

Judgment for plaintiff. Clifton Hills Realty Co. v. Cincinnati, 60 Ohio App. 443, 21 N. E. (2d) 993 (1938).