Carrabine Construction Co. v. Chrysler Realty Corp.

The issue presented in this action is whether the trial court properly granted summary judgment in favor of Chrysler. For the reasons that follow, we hold that summary judgment was properly granted and, accordingly, reverse the judgment of the court of appeals on this issue.

Our analysis must begin by examining the procedural controversy surrounding this action. The controversy centers around the testimony of Norman Salem, zoning administrator for the city of Akron. Salem’s testimony was presented for the first time at the summary judgment hearing on March 29, 1983. That trial court heard…