DRISCOLL v. AUSTINTOWN ASSOCIATES

No. 74-204.

42 Ohio St. 2d 263 (1975)

DRISCOLL ET AL., APPELLEES AND CROSS-APPELLANTS, v. AUSTINTOWN ASSOCIATES, A PARTNERSHIP, ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided May 14, 1975.


Attorney(s) appearing for the Case

Mr. James L. Messenger and Mr. Joseph R. Bryan, for appellees and cross-appellants.

Messrs. Burdman, Stevens & Gilliland and Mr. Paul E. Stevens, for appellants and cross-appellees.


O'NEILL, C. J.

This case presents two issues for determination: The effect of the unappealed 1971 declaratory judgment order on the 1973 injunction suit, and the effect of the restrictive convenants on appellants' proposed use of their property.

I.

The major contention of Willowcrest's declaratory judgment action was that the existing zoning ordinance, as it applied to the 13-acre tract of land to prohibit its use for multi-family dwelling units...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases