Garfield Heights v. Sand, Inc.

This is an appeal on questions of law from a judgment entered in the Garfield Heights Municipal Court wherein the defendant-appellant was found guilty of being in violation of Ordinance No. 90-A-1962 which had been enacted by the Council of Garfield Heights. The defendant-appellant filed a motion for a new trial, which was subsequently overruled. The ordinance in question provided as follows:

“925.09 Fencing Dangerous Excavations.

“(A) When any excavation is or, in the course of operations, can be reasonably expected to come within such close proximity to a residence or a residential portion of…