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Reid v. Architectural Board of Review of City of Cleveland Heights

Court of Appeals of Ohio

192 N.E. 2d 74 (1963)

Relevant factsFree

Donna Reid (plaintiff) sought a building permit for an unconventional, wall-enclosed, U-shaped house winding through trees on her property in a neighborhood of conventional two-and-a-half-story residences. The city's Architectural Board of Review (defendant), composed of three architects, denied the permit under an ordinance requiring new buildings to maintain the neighborhood's "high character," reasoning the design did not match the area's aesthetic, might not even look like a residence from the street, and could affect nearby property values. Reid appealed to the Court of Common Pleas, which upheld the ordinance and the board's decision, and Reid appealed further.

IssueFree

Whether requiring dwellings to conform to a neighborhood's character is a valid exercise of a city's police power under land-use law, even when aesthetics play a role in the decision.

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