Village of Euclid V. Ambler Realty Co. - Lower Court

Lower Court

In the lower court, the village of Euclid, Ohio moved to dismiss the complaint entirely, arguing that Ambler Realty had no right to sue in the first place without taking the issue before the Euclid Zoning Board, as required by the zoning ordinance. Euclid was basing this argument on a legal doctrine which has come to be known as the exhaustion of administrative remedies. The court denied this motion. Finding that the zoning ordinance did in fact constitute a taking by Euclid of Ambler's property, the court stated that the ordinance was unconstitutional. Thus there was no reason for the company to abide by the ordinance's requirement. Euclid's motion was denied and the lower court decided in favor of Ambler Realty. Prominent lawyer Newton D. Baker argued the case for Ambler Realty and James Metzenbaum represented Euclid.

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