Perrico Property Systems v. City of Independence

I respectfully dissent from the majority’s disposition of appellant’s assignments of error. I would find that the appellant did not adequately demonstrate the existence of genuine issues of material fact concerning the zoning of appellant’s property. Consequently, I would affirm the decision of the trial court granting summary judgment in favor of appellee.

Subsequent to initiating a declaratory judgment action to determine the validity of a zoning ordinance as pertaining to a certain piece of property, a party usually must exhaust administrative remedies. Driscoll v. Austintown Assoc. (1975),…