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FRANCHISE OPERATIONS, INC. v. CITY OF NORTH OLMSTED

No. 51925.

35 Ohio App. 3d 125 (1987)

FRANCHISE OPERATIONS, INC., D.B.A. BURGER KING RESTAURANT, APPELLEE, v. CITY OF NORTH OLMSTED ET AL., APPELLANTS.

Court of Appeals of Ohio, Cuyahoga County.

Decided May 26, 1987.

Attorney(s) appearing for the Case

Richard F. Patton, for appellee.

Michael R. Gareau, director of law, and James M. Dubelko, for appellants.

JACKSON, J.

This matter is presented on the appeal of the city of North Olmsted and E. J. Gundy (hereinafter "appellants") from the trial court's judgment that North Olmsted Ordinance No. 83-78 restricting hours of operations for late-night, drive-thru restaurants near residential property was unconstitutional as applied. These are the facts.

Plaintiff-appellee, Franchise Operations, Inc., d.b.a. Burger King Restaurant (hereinafter "Burger King"), filed a...

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