
    CINCINNATI (City) v. WEGEHOFT.
    Ohio Supreme Court.
    No. 21031.
    Decided June 20, 1928.
    Error to Hamilton Appeals.
    Appeals reversed. Common Pleas affirmed.
    799. MUNICIPALITIES — 639 Injunction — 865 Office and Officers.
    Courts will not restrain officers of municipality in exercise of power to select and acquire sites and erect municipal buildings, in absence of gross abuse of discretion or bad faith.
    1296. ZONING ORDINANCES — 291 Consti-tional Law.
    Paragraph of zoning ordinance exempting city from building restrictions of ordinance, in erection and operation of city building, not unconstitutional.
   KINKADE, J.

_ 1. The courts will not restrain, by injunction, the duly elected or appointed officials of a municipality, who are duly empowered by the municipality to select and acquire sites for and to erect thereon municipal buildings, from carrying out such conferred power where there is no gross abuse of discretion or bad faith on the part of such officers, claimed or established.

2. Paragraph 7 of zoning ordinance No. 452-19 of the city of Cincinnati, exempting the city from building restrictions of the ordinance, in the erection and operation of city buildings, does not contravene any of the provisions of either the federal or state constitutions.

(Day, Allen, Robinson, Jones and Matthias, JJ., concur.)  