Goldberger v. Bexley Properties

The defendant-appellant, Bexley Properties, advances several arguments as to why the injunction imposed should be removed.

First, appellant states that since the Goldbergers’ injury is nominal, questionable and doubtful, an injunction would work a substantial and disproportionate impact upon the public interest. In this regard, appellant submits that this court should adopt a “comparative injury or balance of convenience rule,” White v. Long (1967), 12 Ohio App. 2d 136 [41 O.O.2d 200], whereby the relative convenience and inconvenience, along with the comparative injuries to the parties are…