Hydraulic Press Brick Co. v. City of Independence

Hydraulic Press Brick Company, hereafter referred to as appellant, operates a manufacturing business in Independence, Ohio. Stone Road is the only access route for truck traffic to the business. On July 10,1973, the Council of Independence, hereafter referred to as appellee, enacted Section 339.16 of the Codified Ordinances of Independence, which prohibits the use of Stone Road by trucks exceeding one-half ton capacity between 6:00 p. m. and 8:00 a. m. and on Sunday.

On August 29, 1973, the appellant filed a complaint for declaratory judgment and an injunction alleging that Section 339.16 was…