Dotty Realty Co. v. Bills Construction Co.

An appeal on questions of law has been lodged in this court from a judgment of the Court of Common Pleas of Summit County, in which judgment the court determined that a restriction of a five-foot strip of land in a plat dedicating a certain street to public use was void as being repugnant to the grant, and that such five-foot strip of land may be used by the general public for street purposes.

The defendant, Bills Construction Company (appellant herein), was the owner-developer of a tract of land which it laid out as the Grace Allotment in the city of Akron. There is only one street in this…