Driscoll v. Bailey Development Co.

OPINION

This is an appeal on questions of law from a judgment of the court of common pleas of Lucas County. The parties will be referred to as they appeared in the trial court.

The suit was instituted in the court of common pleas by the plaintiffs pursuant to the Declaratory Judgment Act, seeking a declaration of rights with respect to certain building restrictions and requirements, relating to a certain lot purchased by the plaintiffs from the defendant, as the developer of a residential section, and upon which lot plaintiffs proposed to build a residence.

At the conclusion of the trial in the…