Schultz v. Upper Arlington City

OPINION

By THE COURT.

This is an appeal on questions of law from the Common Pleas Court of Franklin County, Ohio, which overruled plaintiff’s demurrer to the answer of the defendants. The plaintiff not desiring to plead further, the cause was dismissed.

There is no dispute between the parties as to the facts. The sole question for determination relates to the legal effect of the undisputed facts alleged in the pleadings.

The well-considered and comprehensive written opinion of the trial judge, Honorable Myron B. Gessaman, is found among the papers in the case. The trial court held that Article…