Board of Park Commissioners v. Bay Village

OPINION

This appeal on questions of law comes to this court from a judgment entered for the plaintiff seeking a declaratory judgment as to the Park Board’s right to build and conduct a refreshment stand within its park located on Lake Erie within the city of Bay Village. That part of plaintiff’s park wherein the Board seeks the right to erect a refreshment stand is located within a district zoned by the city for single residence purposes.

The case was tried on stipulations of fact, the pleadings and arguments of counsel. It is, therefore, undisputed that the Park Board, acting within its…