Gates Mills Investment Co. v. Village of Pepper Pike

R. C. 2721.03 provides that “any person * * * whose rights, status, or other legal relations are affected by a * * * municipal ordinance * * * may have determined any question of construction or validity arising under such * * * ordinance * * * and obtain a declaration of rights, status, or other legal relations thereunder.”

Defendant village characterizes the question at issue to be whether the complaint states a cause of action for declaratory judgment. It admits that, because of the pe*76culiar size and shape of the lots involved, a variance is necessary to enable plaintiff to bnild…