BABYAK v. ALTEN, BLDG. INSP.

Nos. 1409 and 1410.

106 Ohio App. 191 (1958)

BABYAK ET AL., APPELLEES, v. ALTEN, BLDG. INSP., ET AL., APPELLANTS; GATES, MAYOR, ET AL., APPELLEES. BABYAK ET AL., APPELLEES, v. ALTEN, BLDG. INSP., ET AL., APPELLEES; LORAIN TELEPHONE CO., APPELLANT.

Court of Appeals of Ohio, Lorain County.

Decided April 30, 1958.


Attorney(s) appearing for the Case

Mr. Virgil C. Burgett and Mr. Robert Jenson, for appellees Harry Babyak and Dolores Babyak.

Mr. A. H. West, for appellants in case No. 1409 and appellees Stephen Alten, Building Inspector, and village of Avon in case No. 1410.

Mr. Dan K. Cook, for appellee Lorain Telephone Company in case No. 1409 and appellant in case No. 1410.


HUNSICKER, P. J.

There are presented to this court two appeals on questions of law and fact. The cases arise out of one trial held in the Common Pleas Court of Lorain County, Ohio.

Harry Babyak and Dolores Babyak, husband and wife, as real property owners, and hence taxpayers of the village of Avon, Lorain County, Ohio, brought an action to enjoin the mayor and the building inspector of the village from issuing a building permit "for the construction of a...

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