West Hill Baptist Church v. Abbate

261 N.E.2d 196 (1969)

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West Hill Baptist Church v. Abbate

Ohio Court of Common Pleas
261 N.E.2d 196 (1969)

CS

Facts

West Hill Baptist Church (plaintiff) was a religious group that owned land on which it wished to build a church. The land was subject to restrictive covenants that prohibited the use of the land for anything other than agricultural or residential uses. Homeowners in the area (defendants) opposed the construction of a church on the land. West Hill Baptist filed a complaint seeking a declaratory judgment that the restrictions were invalid and unenforceable as a violation of the free exercise of religion. Two other religious groups, Adath Israel Anshe Sfard Synagogue and the Maronite Club of Akron, owned similarly restricted land in the same area and were united in interest with West Hill Baptist and joined the complaint by cross petitions.

Rule of Law

Issue

Holding and Reasoning (Cramer, J.)

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