Legal Opinion

Winklemann v. Cekada

Ohio Court of Appeals

Decided November 24, 1999No. C.A. No. 2854-MPublished

1Opinion of the Court

Baird, Presiding Judge.

The Medina County Court of Common Pleas granted summary judgment to Mario and Karen Cekada in the nuisance action brought against them by Werner and Margrit Winkelmann. The Winkelmanns have appealed from the judgment.

The Winkelmanns have asserted that the trial court erred when it granted summary judgment denying their request for (1) damages and injunctive relief on their claim of private nuisance on the basis that the Cekadas’ use of their land is agricultural and (2) a declaratory judgment that the defendants were not entitled to an “ ‘agricultural’ exemption to the…

2Cases cited3 opinions

  1. Temple v. Wean United, Inc.Ohio Supreme Court · 1977
  2. Pizza v. Sunset Fireworks Co.Ohio Supreme Court · 1986
  3. Christensen v. Hilltop Sportsman Club, Inc.Ohio Court of Appeals · 1990

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