NUGENT, Judge.
This is an appeal from the decision of the Cuyahoga County Court of Common Pleas which granted the motion for summary judgment filed by defendantappellee, the city of Strongsville, Ohio (hereinafter "the city"), against plaintiffappellant, Joe Horisk's Salvage Pool Systems of Ohio (hereinafter "appellant"), on appellant's complaint for declaratory judgment.
Count one
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