Cleveland Builders Supply Co. v. City of Garfield Heights

This appeal comes to this court on questions of law and fact from a decree and judgment for the plaintiff entered upon trial of the issues by the Common Pleas Court of Cuyahoga County. The plaintiff’s action seeks a declaratory judgment, injunction and equitable relief against the restricted use of its property provided for by the zoning ordinances of the city of Garfield Heights.

The plaintiff, or a wholly-owned subsidiary, has been the owner of an 81-acre tract of land, which is U shaped, with its westerly line of about 3,000 feet running southeasterly along the curved line of The New York…