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2 U. Cin. L. Rev. 447 (1928)


There is considerable confusion in text books and decisions in the use of the expression "vested interest", the same being sometimes used as though the owner of a vested interest becomes completely immune from legislation. Theoretically, as a building permit does not create a vested interest nor property right, no amount of expenditure in reliance on a building permit can create such a vested interest or property right as to effect a limitation upon the exercise of the police power. The problem is to devise a formula which, while meeting the objections to the scintilla rule, will put the judge on notice that a greater degree of assurance is required to direct a verdict than to set one aside. A verdict should be directed if the only reasonable conclusion as to the facts is adverse to the plaintiff on any material issue. A verdict should be directed whenever, in the opinion of the court, the conclusion as to the facts on any material issue is against the plaintiff beyond a reasonable doubt.



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