State ex rel. Moore Oil Co. v. Dauben

Citations

• 99 Ohio St. (N.S.) 406

Syllabus

<p>Construction — Penal statutes or ordinances strictly construed, when ,— Restrictions on trades, occupations or businesses — Exemptions liberally construed, when — Ordinance prohibiting gasoline and oil filling-stations — Consents of property owners unnecessary, when — Repair or remodelling of existing structure— Mandamus —Refusal of permit by building inspector.</p> <p>1. Statutes or ordinances of a penal nature, or which restrain the exercise of any trade or occupation or the conduct of any lawful business, or which impose restrictions upon the use, management, control or alienation of private property, will be strictly construed. and their scope cannot be extended to include limitations not therein clearly prescribed; exemptions from such restrictive provisions are for like reasons liberally construed.</p> <p>2. Under the provisions of a city ordinance making it unlawful to locate, build, erect, construct, maintain or operate a public gasoline or oil filling-station in a residence district without first procuring the written consent of two-thirds of the owners of property within a specified distance therefrom, but exempting any owner or operator of any such station theretofore erected, such owner is not required to procure the consents of property owners before he may repair, remodel or rebuild such preexisting gasoline or oil filling-station.</p> <p>3. Where an application is made by the owner of such preexisting station to the city building inspector for a building permit, and such inspector finds the plans and specifications submitted to be in conformity to law and the ordinances of the city, arid approves them, but refuses the permit on the sole ground that the consents of property owners have not been procured and filed, a writ of mandamus will issue upon the application of the owner requiring the issuance of a building permit.</p>