City of Solon v. Solon Baptist Temple, Inc.

Solon Baptist Temple, Inc., defendant-appellant, appeals the entry of summary judgment on both a complaint and a counterclaim in favor of the city of Solon, Solon Building Commissioner Arthur D. Korkowski, and Solon Fire Inspector Frank G. Zugan, plaintiffs-appellees.

On September 8,1978, plaintiffs filed a complaint seeking to have defendant’s church building declared a public nuisance because of the alleged existence of building and fire code violations and to have its use as a place of public assembly enjoined.

Defendant answered, asserting as an affirmative defense the failure of plaintiffs…