Driscoll v. Austintown Associates

This case presents two issues for determination: The effect of the unappealed 1971 declaratory judgment order on the 1973 injunction suit, and the effect of the restrictive convenants on appellants’ proposed use of their property.

I

The major contention of Willowcrest’s declaratory judgment action was that the existing zoning ordinance, as it applied to the 13-acre tract of land to prohibit its use for multi-family dwelling units, was unconstitutional. The 1971 declaratory judgment order agreed with this contention and ordered' the township zoning inspector to issue permits for the construction…