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Full-Text Articles in Law
Legal Status Of The Spite Fence In Ohio, Joseph O'Meara, Herman W. Santen
Legal Status Of The Spite Fence In Ohio, Joseph O'Meara, Herman W. Santen
Journal Articles
It is generally assumed, on the authority of Letts v. Kessler, that spite fences in Ohio are within the law. In two cases language has been used indicating an adherence to the obsolescent view that spite fences may be erected with impunity, but in neither case was the question before the court for decision, so that what was said must be classed as dicta. This, then is the situation: there is not a single decision in the last twenty-one years supporting the rule of Letts v. Kessler. A careful reading of the opinion in Letts v. Kessler will show that …
Revocation Of Building Permits, Joseph O'Meara
Revocation Of Building Permits, Joseph O'Meara
Journal Articles
There is considerable confusion in text books and decisions in the use of the expression "vested interest", the same being sometimes used as though the owner of a vested interest becomes completely immune from legislation. Theoretically, as a building permit does not create a vested interest nor property right, no amount of expenditure in reliance on a building permit can create such a vested interest or property right as to effect a limitation upon the exercise of the police power. The problem is to devise a formula which, while meeting the objections to the scintilla rule, will put the judge …