Karches v. City of Cincinnati
Supreme Court of Ohio
526 N.E.2d 1350 (1988)
Karches and Flerlage (plaintiffs) both own riverfront properties located in the floodplains of Cincinnati. Karches acquired a lease to his property in 1957 and purchased it in 1965. At the time of acquisition, the property was zoned Business “B,” which allowed for commercial use. Flerlage purchased his property in 1958. At the time, Flerlage’s property was also zoned Business “B.” In 1963, the City of Cincinnati’s (City’s) planning commission changed the classification of the plaintiffs’ properties to RF-1 Riverfront. In 1977, Karches petitioned to change the zoning to RF-2, in the hopes of operating an aggregate storage terminal on his property. The City denied the request. In the early 1970s, Flerlage unsuccessfully attempted to operate a basin marina on his land. Flerlage thereafter began discussing possible zoning changes with the City without success. In 1980, the plaintiffs brought suit alleging the RF-1 zoning classification constituted an unconstitutional taking of their land. The City had previously conducted studies on the development of the riverfront area, seeking to promote economic development. The City indicated that the plaintiffs’ problems would be resolved once the City amended the RF-1 ordinance in 1983 pursuant to the results of the studies. In response, the plaintiffs dropped their suit. However, the 1983 revisions were unsatisfactory to the plaintiffs, and they once again filed suit, seeking declaratory and injunctive relief. The trial court found that the RF-1 zoning, as amended, was unreasonable, arbitrary and confiscatory; that it was not substantially related to the public health, safety, or general welfare; and that it substantially interfered with the plaintiffs’ use of their properties. The trial court therefore held the RF-1 zoning to be unconstitutional and ordered the City to rezone the property. The court of appeals reversed, holding that the constitutional issue was not ripe for judicial determination.
Rule of Law
Holding and Reasoning (Brown, J.)
Dissent (Holmes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.