Council v. Rogers

Plaintiff (Whitehall City Council) has appealed from a judgment of the Court of Common Pleas of Franklin County and raises four assignments of error, as follows:

"1. The Court erred in failing to properly decide the issue under a Declaratory Judgment action.

"2. The Court erred in granting Summary Judgment since there was a genuine controversy of material facts.

"3. The judgment is not sustained by the evidence and the Defendant-Appellees failed to meet the required burden of proof for a Summary Judgment.

"4. The trial court erred in failing to set forth a declaration of rights of the parties…