Building Industry Ass'n of Cleveland & Suburban Counties v. City of Westlake

James D. Sweeney, Presiding Judge.

Defendant-appellant city of Westlake, Ohio appeals from the trial court’s granting summary judgment in favor of plaintiff-appellee Building Industry Association of Cleveland and Suburban Counties (“BIA”) in this declaratory judgment action with respect to the constitutionality of Westlake Codified Ordinance No. 1990-166, an ordinance adopted on February 7, 1991, and which established an impact fee upon new residential, commercial and industrial construction the stated purpose of which was to raise funds “for adequate public parks, playgrounds and recreation…