Legal Opinion

Branford Village Condominium Unit Owners' Assn v. City of Upper Arlington

Ohio Court of Appeals

Decided August 18, 1983No. 82AP-410PublishedCited by 6 opinions

1Opinion of the CourtWhiteside, P.J.

Defendant, city of Upper Arlington, appeals from a judgment of the Court of Common Pleas of Franklin County, enjoining Upper Arlington from proceeding with a pending action to appropriate land owned by plaintiffs. Upper Arlington raises four assignments of error, as follows:

“1. The Court below exceeded its authority by substituting its judgment for that of the duly constituted legislative body, the Council of the City of Upper Arlington.
“2. The Court below erred in issuing an injunction where, as shown, there was no basis in law or fact for such an order.
“3. The Court below erred in…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. C. E. Morris Co. v. Foley Construction Co.Ohio Supreme Court · 1978
  2. Sargent v. City of CincinnatiOhio Supreme Court · 1924
  3. Emery v. City of ToledoOhio Supreme Court · 1929
  4. Grisanti v. ClevelandOhio Court of Appeals · 1962
  5. Ohio Power Co. v. DillerOhio Court of Appeals · 1969

3Cited by6 opinions

  1. City of Dublin v. FriedmanOhio Court of Appeals · 2017
  2. City of St. Marys v. Dayton Power & Light Co.Ohio Court of Appeals · 1992
  3. City of Cleveland v. City of Brook ParkOhio Court of Appeals · 1995
  4. City of Mentor v. OsborneOhio Court of Appeals · 2001
  5. Dublin v. RiverPark Group, L.L.C.Ohio Court of Appeals · 2019

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