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Village of Hudson v. Albrecht

Supreme Court of Ohio

458 N.E.2d 852 (1984)

Relevant factsFree

Hudson's (plaintiff) zoning code created an Architectural and Historic Board of Review tasked with protecting property value, use, and appearance, and preserving public health and safety, by regulating design elements according to accepted architectural principles. Albrecht (defendant) received village and board approval for construction plans on a shopping-center building, but after work began, made unapproved alterations to the street-facing part of the building; the village issued a stop-work order, which Albrecht ignored, completing the alterations anyway. The village sued to enjoin further construction and require removal of the unapproved work; the court ordered Albrecht to submit amended plans to the board, and Albrecht appealed, arguing the code was unconstitutional for resting solely on aesthetics with insufficient review standards.

IssueFree

Whether zoning regulations based on aesthetics are a valid exercise of a municipality's police power.

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