Ohio Supreme Court June 23, 1971, No. 70-221 (Kaufman v. Village of Newburgh Heights)

Schneider, J.

Newburgh Heights does not here contend that its zoning ordinance is constitutional with respect to the Kaufman parcel, but that Kaufman had no right to attack that constitutionality without first appealing to the board of zoning appeals. We disagree, and, therefore, affirm.