Columbus, OH – On Monday, The Buckeye Institute joined the Institute for Justice (IJ) in filing an amicus brief with the Ohio Supreme Court in Havel v. Board of Zoning Appeals, Kent, Ohio, calling on the court to protect property owners and strike down Kent’s unconstitutional zoning restrictions.

“The Ohio Supreme Court has clearly ruled that private property rights are fundamental rights deserving of meaningful protection by Ohio courts,” said David C. Tryon, director of litigation at The Buckeye Institute. “Among these rights is the right to lease one’s property, and this case presents the court with the opportunity to protect property owners from overzealous governments seeking to impose unconstitutional zoning restrictions.”

In their brief, The Buckeye Institute and IJ cite numerous cases, including Norwood v. Horney, to argue that private property rights are fundamental rights and interference with those rights must receive meaningful scrutiny from Ohio courts, writing, Norwood’s “command that Ohio courts must provide meaningful protection for fundamental private property rights is more broadly relevant and applies here.” Amici go on to argue that “the right to lease property is well-recognized and deeply rooted in the country’s history,” while “zoning is a relatively modern invention.” “[W]hether viewed as a right to establish one’s household or the right to lease property, the rights at issue here are well-recognized property rights. And those rights should be protected against interference in the name of zoning.”

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