Deshler v. Hoops

This is an action for declaratory judgment in which the plaintiff asks the Court to affirm the validity of its Ordinance No. 820 and to determine whether the defendant is creating a nuisance by maintaining his property in the manner set forth in the petition.

Plaintiff alleges that it “can not safely proceed to enforce said ordinance until the same be declared valid and defendant be held to be creating a nuisance, as provided by Section 2721.03, Revised Code.”

To the petition, the defendant has filed an amended answer alleging, by way of affirmative defense, that the ordinance is…